INS-FACT 1999-12 Fireworks Guidelines



STATE FIRE MARSHAL GUIDELINES ON

FIREWORKS DISPLAY SAFETY

Effective January 1, 1996, Minnesota state law requires that fireworks displays only be conducted when supervised by a pyrotechnic operator certified by the State Fire Marshal. This guideline is intended to familiarize municipal and county officials, organizations wishing to sponsor a fireworks display and pyrotechnic operators with the permit and certification requirements contained in state law. It also outlines the minimum fire/life safety requirements applicable to fireworks displays.

The information contained in this guideline is based on the provisions of Minn. Stat.

§ 624.20 - 624.25, the 1998 Minnesota Uniform Fire Code, and National Fire Protection Association Standards 1123 (1995 edition) and 1126 (1996 edition).

A copy of Minn. Stat. § 624.20 - 624.25 is included at the end of these guidelines. The 1998 Minnesota Uniform Fire Code is available from the Minnesota State Bookstore at (651) 297-3000. National Fire Protection Association Standards are available from the NFPA at 1-800-344-3555.

Persons with questions relating to permit or certification requirements or fireworks should call the State Fire Marshal Division at 612-215-0500 or write to: Department of Public Safety, Fire Marshal Division, 444 Cedar Street, Suite 145, St. Paul, MN 55101-5145. You can also email questions to firecode@state.mn.us or check our web page at dps.state.mn.us/fmarshal for the latest information on fire in Minnesota.

PART A: PERMITS

When required. A municipality or fair association is authorized by state law to conduct a fireworks display within its own limits without a permit. Amusement parks and other organizations must obtain a permit from the city clerk or county auditor, as appropriate, prior to conducting such a display. A licensed operator, however, must still conduct all displays. There is no exemption for fire departments that would allow the fire department to conduct the display without a licensed operator.

Exception to permit requirement. Cities and counties are allowed, but not required, to exempt displays involving the use of smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical productions from the requirement for a permit. Such displays are, however, still required to be conducted in a safe manner in accordance with all applicable codes and standards.

Where to obtain permits. For fireworks displays that are to be conducted within

the corporate limits of a city, a permit must be secured from the city clerk. The city clerk must refer any application for permit to the chief of the local fire department for review before issuing the permit.

When a fireworks display is to be conducted outside the corporate limits of a city, the permit must be secured from the county auditor, who is responsible for performing the duties normally assigned to the city clerk. In such cases, the duties normally performed by the chief of the local fire department are to be performed by the county sheriff.

PERMIT PROCEDURE

Application timeframe. Unless specifically exempted by the city or county as mentioned previously, a permit must be secured from the city clerk (county auditor) prior to conducting a fireworks display. The sponsor of the proposed display must submit a written application for permit to the city clerk (county auditor) at least 15 days in advance of the date of the display.

Restrictions on sponsors. Fireworks displays are only allowed to be sponsored by a city, fair association, amusement park or other public or private organization. A public organization might be, for example, a county, township or other public entity. Examples of private organizations might include churches, fraternal organizations (e.g. Eagles, Elks, Legion Clubs, etc.), businesses, companies, lake associations and private colleges.

State law prohibits private individuals from sponsoring fireworks displays. A fireworks display company may sponsor displays for private parties.

Application form. The sponsor must, as a minimum, provide the following information to the city clerk (county auditor) in writing when applying for a permit to conduct a fireworks display:

1. The name of the organization sponsoring the fireworks display, including the name, address and phone number of a contact person representing that organization. Permits are not transferable.

2. The name and certification number of the pyrotechnic operator that will be supervising the display.

3. The date, time of day and exact location of the proposed display.

4. A diagram of the grounds or facilities (for indoor displays) where the display will be held. The diagram must show the point at which the fireworks are to be discharged; the location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained. For proximate audience (e.g. indoor) displays, the diagram must also show the fallout radius for each pyrotechnic device used during the display.

5. The approximate number and types of fireworks and/or pyrotechnic special effects materials to be discharged.

For proximate audience displays, any changes adding fireworks or pyrotechnic special effects different from those described in the initial application must be approved in advance by the fire chief (sheriff). Unless otherwise acceptable to the fire chief (sheriff), all requests for changes must be submitted at least 24 hours prior to the display.

6. The number, names and ages of all assistants that will be present for the display. All assistants must be at least 18 years old. All assistants must be recorded on the display report. To be able to claim experience credit for working at a display, assistants must be recorded on the display report.

7. Proof of a bond or certificate of insurance in an amount deemed appropriate by the city or county for the payment of damages that could be caused either to persons or property as a result of the display and arising from acts of the sponsor or the pyrotechnic operator or their agents, employees or subcontractors.

Permit fee. The permit cannot be granted until the sponsor pays the permit fee, if any, established by the city or county.

City clerk/county auditor responsibilities. Upon receipt of an application for permit, the city clerk (county auditor) must promptly refer the application to the chief of the local fire department (county sheriff) for review. If, after conducting an appropriate investigation, the fire chief (sheriff) authorizes the display and the required permit fee is paid, the city clerk (county auditor) must issue a permit.

Fire chief/county sheriff responsibilities. Upon being notified by the city clerk (county auditor) of an application for permit, the fire chief (sheriff) must conduct an investigation to determine the following:

1. That the operator of the display is competent and certified by the State Fire Marshal.

Typically, evidence of certification by the State Fire Marshal may be considered evidence of competency. Licensed operators are issued a card upon completion of the requirements for licensure.

2. That the display is of such character and is to be so located, discharged or fired that it will not be hazardous to property or endanger any person. In addition to reviewing the diagram of the display area submitted with the permit application, the fire chief (sheriff) may want to:

a. Inspect the areas selected for the discharge site, spectator viewing area, parking areas and designated landing (fallout) area.

b. For proximate audience displays request a walk-through and representative demonstration of the pyrotechnic special effects as a condition of approval for the issuance of a permit.

c. Request a written plan outlining: the manner and location of storage of fireworks both prior to delivery to the display site and at the display site, what type of fire protection (e.g. portable fire extinguishers, standby apparatus/personnel) will be provided at the discharge site, and what provisions will be made for crowd control.

Where indoor displays require smoke detectors to be by-passed and/or air-handling systems to be disengaged, the sheriff shall ensure that the local fire chief has been notified and that arrangements have been made to have a representative of the fire department present for all displays and demonstrations.

Once the fire chief (sheriff) has been satisfied that the proposed display will be supervised by a competent and certified operator and that the display will not be hazardous to property or endanger persons, the fire chief (sheriff) shall promptly so notify the city clerk (county auditor) so that a permit may be issued.

PART B: GENERAL SAFETY REQUIREMENTS FOR FIREWORKS DISPLAYS

Supervision. A fireworks display may only be conducted when supervised by a pyrotechnic operator certified by the State Fire Marshal.

Exemption. Cities and counties are allowed, but not required, to exempt displays involving the use of smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical productions from this requirement. Such displays are, however, still required to be conducted in a safe manner in accordance with all applicable codes and standards.

Operator responsibilities. The operator is responsible for all aspects of the display related to fireworks and other pyrotechnics. While the operator may actively participate in the firing of the display, safety must be the operator’s primary concern. The operator must ensure that:

1. No fire or life safety hazard is allowed to exist or occur during the storage, transportation, handling, preparation or use of fireworks.

2. All displays are conducted in accordance with applicable laws, codes, regulations and guidelines relating to fireworks.

3. A sufficient number of assistants are on hand for the safe conduct of the display and that all assistants are fully trained in the proper performance of their assigned tasks and knowledgeable of safety hazards and the use of portable fire extinguishers.

4. Proper protective gear (i.e., safety glasses and protective clothing) is worn by all personnel involved in the display. Suitable protective clothing should include long-sleeved shirts and long pants made of 100 percent cotton, leather or other equivalent fabric.

5. A sufficient number of fire extinguishers of a suitable type are present while fireworks and other pyrotechnic materials are being loaded, prepared for firing or fired.

6. Contacting the local fire chief to determine the level of fire protection required for the display.

In addition to portable fire extinguishers, fire protection may include standby fire apparatus and personnel at the discharge area and/or down range as deemed necessary by the fire chief. When required by the fire chief the cost of standby apparatus and/or personnel must be borne by the operator. Such apparatus and personnel, however, are still subject to the chief's orders at all times when so employed.

7. Monitors are provided around the discharge site to prevent spectators or any other unauthorized persons from entering the site. When agreed to by the sponsor, it is the sponsor’s responsibility to provide all or a portion of the required monitors.

Provisions for crowd control are subject to approval by the fire chief (sheriff). Monitors should wear some distinctive identification (e.g. badges, colored vests, etc.). Where practical, fencing, ropes or other types of barriers should be used to assist in crowd control.

Report to State Fire Marshal. The operator is also responsible for submitting written reports to the State Fire Marshal on the forms provided by the State Fire Marshal on each fireworks display. Such reports must be submitted within 30 days following any fireworks display conducted by the operator. Where multiple displays are conducted during any given month, the reports may be mailed in together in one monthly mailing.

The operator must also submit a written report to the State Fire Marshal on the form provided within 10 days following a fireworks display conducted by the operator if any of the following occurred:

a. an injury to any person resulting from the display of fireworks;

b. a fire or damage to properly resulting from the display of fireworks; or

c. an unsafe or defective pyrotechnic product was used or observed.

Assistants. All assistants used at a fireworks display must be at least 18 years old, properly instructed and continually supervised. Record information about all assistants on the written display report.

Sponsor responsibilities. The sponsor of the fireworks display is responsible for the following:

1. Obtaining the required city or county permit for the display.

2. Ensuring that the local fire chief has been contacted regarding requirements for standby fire apparatus and/or personnel.

3. Providing monitors around the discharge site to prevent spectators or any other unauthorized persons from entering the site (if this was agreed to by both the sponsor and pyrotechnic operator).

Provisions for crowd control are subject to approval by the fire chief (sheriff). Monitors should wear some distinctive identification (e.g. badges, colored vests, etc.). Where practical, fencing ropes or other types of barriers should be used to assist in crowd control.

OUTDOOR DISPLAYS

The display, storage, use and handling of fireworks and pyrotechnic special effects materials must be in accordance with Article 78 of the current edition of the Minnesota Uniform Fire Code and National Fire Protection Association Standard No. 1123. Where there is a conflict between the provisions of the Minnesota Uniform Fire Code and National Fire Protection Association Standard No. 1123, the provisions of the Minnesota Uniform Fire Code take precedence.

While it is not the intent of this guideline to duplicate or replace the requirements of the applicable codes and standards, here are some of the general safety factors the fire chief (sheriff) needs to consider when making a determination as to whether a fireworks display should be authorized.

Location of mortars. Mortars must be separated from spectator viewing areas, vehicles and buildings by at least 140 feet. An additional 70 ft. separation must be provided for every inch of internal mortar diameter of the largest aerial shell to be fired having a diameter of 3 inches or larger. In other words, if the internal mortar diameter of the largest aerial shell to be fired is 3 inches, mortars must be separated from spectator viewing areas, vehicles and buildings by at least 210 feet (4-inch diameter shells would require a 280 ft. separation, and so on).

When required by the fire chief, the separation distances from health care facilities (e.g. hospitals, nursing homes) and detention and correctional facilities (e.g. jails, prisons) must be double the distances specified in the preceding paragraph.

Separation distances must also be doubled from bulk storage areas of materials that have a flammability (e.g. gasoline), explosive (e.g. fertilizer) or toxic hazard (e.g. chlorine).

If added safety precautions have been taken or particularly favorable conditions exist, the fire chief may allow these distances to be reduced. When unusual or safety-threatening conditions are present, the fire chief may require that these distances be increased.

Location of ground pieces. Ground pieces having movable parts (such as revolving wheels, roman candle batteries and items employing large salutes) must be located at least 150 ft. from spectators and vehicles. Ground pieces having no movable parts (i.e. fixed ground pieces) are allowed not less than 75 ft. from spectators and vehicles.

All ground pieces must be located at least 100 ft. from tents, canopies and membrane structures and at least 100 ft. from mortars.

Only electrically fired ground pieces are allowed in the designated landing area.

The area beneath ground pieces must be free of dry grass and combustibles.

Discharge site. The area selected for the discharge of aerial shells must be located so that the trajectory of the shells will not come within 25 ft. of any overhead object or other potential obstructions.

Only the operator and necessary assistants are allowed in the discharge area while the display is in progress.

Designated landing area. The area over which aerial shells are fired and into which debris and malfunctioning aerial shells can fall (i.e. the designated landing area or fallout area) must be a large, clear, open area approved by the local fire chief. Spectators, vehicles and combustible materials must not be allowed in this area during the display.

Smoking and open flames. Smoking and open flames are prohibited within 50 ft. of the aerial shell storage area. NO SMOKING OR OPEN FLAME signs must be conspicuously posted in the area.

Illumination. Operators and attendants must use only flashlights or electric lighting for artificial illumination.

Supervision of fireworks. Fireworks must not be left unattended or allowed to become wet at the display site.

Ready boxes. Ready boxes (i.e. storage containers for aerial shells at the site of a fireworks display) must be located at least 25 ft. in an upwind direction from mortars.

Paper mortars. The Minnesota Uniform Fire Code prohibits the reloading of paper mortars during the same display.

HDPE mortars. High density polyethylene (HDPE) mortars shall not be reloaded during the same display.

Cleaning tool. When mortars are to be fired more than once during a display, a non-sparking cleaning tool must be available for the cleaning of debris from mortars as necessary.

Display discontinued. If the local fire chief or pyrotechnic operator determines that there is a lack of crowd control or that the crowd is in danger, the display must be immediately discontinued. If at any time high winds or wet weather create a danger, the display must be postponed until weather conditions are acceptable to the fire chief.

Range inspection. The entire firing range must be inspected immediately following a display and prior to allowing public access for the purpose of locating unexploded aerial shells. If the firing range cannot be thoroughly inspected due to darkness, the site must be reinspected the following morning.

PROXIMATE AUDIENCE DISPLAYS

All indoor displays of pyrotechnic special effects, and outdoor displays where such effects are used at distances less than those previously specified in Part B of this guideline, are considered proximate audience displays. The display, storage, use and handling of fireworks and pyrotechnic special effects materials for proximate audience displays must be in accordance with Article 78 of the current edition of the Minnesota Uniform Fire Code and National Fire Protection

Association Standard No. 1126. Where there is a conflict between the provisions of the Minnesota Uniform Fire Code and National Fire Protection Association Standard No. 1126, the provisions of the Minnesota Uniform Fire Code take precedence.

Demonstration and approval. When required by the local fire chief, a test must be conducted to demonstrate the safe use of pyrotechnic special effects material prior to normal use.

Fire watch. Where indoor displays require smoke detectors to be by-passed and/or air-handling systems to be disengaged, the local fire chief must be notified and arrangements made to have a representative of the fire department (i.e. fire watch) present for all displays, rehearsals and demonstrations.

All fire safety and other building systems that have been disarmed or disengaged, must be reinstated to normal functioning each day within 4 hours of the last use of pyrotechnic special effects. In any ease, the fire watch must be maintained until the restoration of normal functioning has been verified.

Separation distances. Each pyrotechnic device fired during a performance must be separated from the audience by at least 15 ft., but not less than two (2) times the fallout radius of the device, unless otherwise approved by the fire chief (sheriff). For example, if a pyrotechnic device has a fallout radius of 10 ft., a minimum distance of 20 feet must separate the device from the audience.

Concussion mortars must be separated from the audience by at least 25 ft.

Display discontinued. If the local fire chief or pyrotechnic operator determines that there is a lack of crowd control or that the crowd is in danger, the display must be immediately discontinued.

Types of devices allowed. All pyrotechnic devices and materials used indoors must be specifically manufactured and labeled for indoor use.

Smoke control. When pyrotechnic special effects material is fired within a building, the quantity of smoke developed must not obscure the visibility of exit signs or paths of egress travel. When required by the local fire chief, provisions must be made to confine smoke generated by pyrotechnic special effects material to an approved area and to remove such smoke from the building.

Smoking/open flame. Smoking or carrying of matches, or the use of matches, lighters or spark-producing devices, or the presence of any open flames is prohibited within 50 ft. of the area where pyrotechnic special effect devices are being handled or fired, except for smoking done as part of the performance as approved by the fire chief.

Attending of materials. No pyrotechnic materials or devices shall be left unattended unless they are in an approved secured location.

Precautions. Precautions must be taken so that no part, projectile or debris from pyrotechnic materials or devices damages overhead properties, overhead equipment, automatic sprinkler or detection systems, or the ceiling and walls of the performance site.

PART C: PYROTECHNIC OPERATOR CERTIFICATION REQUIREMENTS

In order to supervise a fireworks display, an operator must be certified by the State Fire Marshal. Part C of this guideline outlines the requirements for certification, renewal of certification, and suspension or revocation of certification.

CERTIFICATION

An applicant to be a supervising operator of a fireworks display must meet the following requirements before the applicant may be certified by the State Fire Marshal:

Age. The applicant must be at least 21 years old.

Examination. The applicant must have completed a written examination administered by the State Fire Marshal and achieved a passing score of at least 70 percent. There is no fee charged for taking the examination.

1. The examination is designed to demonstrate the applicant’s knowledge of codes, statutes and nationally recognized standards relating to safe practices for the storage, use, handling, discharge and display of fireworks and pyrotechnic special effects materials.

2. The State Fire Marshal may waive the written examination under the following circumstances:

a. The applicant provides written proof of certification by the Pyrotechnics Guild International, Inc.; or

b. The applicant provides written proof of a license or certification from another state having a written examination and approved by the State Fire Marshal.

3. The examination is administered at various locations throughout the state at periodic intervals as deemed appropriate by the State Fire Marshal.

4. The examination is arranged in three parts: general, outdoor displays and proximate audience displays. In order to be certified, all applicants must successfully pass the general portion of the examination as well as the portions of the examination applicable to outdoor and/or proximate audience displays, depending on what level of certification the applicant is seeking.

5. Persons failing to achieve a passing score of at least 70 percent are eligible to retake the examination after 30 days.

6. The examination includes information from these guidelines, Minn. Stat.

§ 624.20 - 624.25, relevant sections of the 1998 Minnesota Uniform Fire Code, and National Fire Protection Association Standards 1123 (1995 edition) and 1126 (1996 edition).

Application form. After successfully passing the examination or providing written documentation of equivalent licensing or certification deemed acceptable by the State Fire Marshal as outlined previously, the applicant must apply for certification in writing to the State Fire Marshal by completing and signing an application form provided by the State Fire Marshal.

Evidence of experience. The applicant must submit evidence of experience, which must include active participation as an operator or assistant in the safe performance of at least five (5) fireworks displays. At least one (1) of these displays must have occurred in the current year or the year immediately preceding the date of application. The displays can be either indoor or outdoor.

References. The applicant must submit references from at least three (3) persons who can verify the experience reported or any training received by the applicant. All references must include the name, address, phone number, and the name of the agency or organization represented by the person submitting the reference.

Fee. The applicant must pay a certification fee of $100 to the State Fire Marshal.

Notification. The State Fire Marshal is required to review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application.

Classification. Once all the certification requirements have been met, the State Fire Marshal will certify and classify the operator for supervising outdoor displays, proximate audience displays or both types of displays, based on the operator’s documented experience.

Length of certification. Certification is valid for a period of four (4) years from the date of issuance, unless otherwise suspended or revoked by the State Fire Marshal for cause.

CERTIFICATION RENEWAL

An applicant for renewal of certification as a supervising operator of a fireworks display must meet the following requirements before the certification may be renewed by the State Fire Marshal:

Application form. The applicant must apply for renewal of certification in writing to the State Fire Marshal by completing and signing an application form provided by the State Fire Marshal.

Evidence of experience. The applicant must submit evidence of experience that must include, as a minimum, the dates, locations and authorities issuing the permits for at least three (3) safely conducted fireworks displays participated in or supervised by the applicant in the four (4) years immediately preceding the date of application.

Applicants lacking the required experience must follow the procedures outlined in the “CERTIFICATION” section of this guideline.

Fee. The applicant must pay a certification renewal fee of $100 to the State Fire Marshal.

Notification. The State Fire Marshal is required to review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application.

Refusal to renew certification. The State Fire Marshal may refuse to renew an operator’s certification if the operator has committed any of the offenses outlined in the “SUSPENSION OR REVOCATION” section of this guideline.

Classification. Once all the certification renewal requirements have been met, the State Fire Marshal will recertify and classify the operator for supervising outdoor displays, proximate audience displays or both types of displays, based on the operator’s original certification.

Restrictions. Certification will only be renewed for the classification for which the applicant was originally certified (i.e. outdoor displays, proximate audience displays or both). Applicants wishing to be certified under another classification must follow the procedures outlined in the “CERTIFICATION” section of this guideline.

Length of certification. Certification is again valid for a period of four (4) years from the date of issuance, unless otherwise suspended or revoked by the State Fire Marshal for cause.

SUSPENSION OR REVOCATION

The State Fire Marshal may suspend, revoke or refuse to renew certification of an operator if the operator has:

1. submitted a fraudulent application;

2. caused or permitted a fire or safety hazard to exist or occur during the storage, transportation, handling, preparation or use of fireworks;

3. conducted a display of fireworks without receipt of a permit required by the state or a political subdivision;

4. conducted a display of fireworks with assistants who were not at least 18 years old, properly instructed and continually supervised; or

5. otherwise failed to comply with any federal or state law or regulation, or these guidelines, relating to fireworks. A conviction of a felony, gross misdemeanor, or misdemeanor involving fireworks or explosives may be considered as evidence of failure to comply with federal or state law.

Operator restrictions. An operator’s certification is not valid after it has been suspended or revoked. An operator, therefore, is not authorized to supervise a fireworks display during a suspension or revocation.

Surrender of certificate. When certification has been suspended or revoked, the operator must immediately surrender the certificate to the State Fire Marshal.

Length of suspension. Suspensions will be for a period of 30 calendar days each. After the suspension period ends, the State Fire Marshal will return the operator’s certificate.

Length of revocation. Each revocation is for a minimum of one year, unless otherwise determined by the State Fire Marshal based on the circumstances causing the revocation. Once an operator’s certification has been revoked, the certification may only be reinstated after the operator has followed the procedures outlined in the “CERTIFICATION RENEWAL” section of this guideline.

MINNESOTA STATUTES 624.20-624.25 Relating to Fireworks

Minnesota Statutes § 624.20 - 624.25 are repeated here for the convenience of the reader.

624.20 Fireworks.

Subdivision 1. As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.

Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration.

HIST: 1941 c 125 s 1; 1988 c 584 s 2

624.21 Sale, possession, and use of fireworks prohibited.

Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use,or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only.

HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17

624.22 Fireworks displays; permit; operator certification.

Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that:

(1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and

(2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured.

(b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee.

(c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25.

(d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable.

(e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal.

Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal.

(b) An applicant must be at least 21 years old.

(c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks.

(d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal.

(e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year.

Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful completion of the written examination. Applicants shall pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance.

Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience.

Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1.

Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred:

(1) an injury to any person resulting from the display of fireworks;

(2) a fire or damage to property resulting from the display of fireworks; or

(3) an unsafe or defective pyrotechnic product or equipment was used or observed.

(b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator.

(c) The state fire marshal may require other information from operators relating to fireworks displays.

Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. Certification is valid for a period of four years from the date of issuance.

Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has:

(1) submitted a fraudulent application;

(2) caused or permitted a fire or safety hazard to exist or occur during the storage, transportation, handling, preparation, or use of fireworks;

(3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision;

(4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or

(5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks.

Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of information relative to fireworks displays.

HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23

624.221 Exemptions for license or permit holder.

Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to:

(a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or

(b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22.

HIST: 1988 c 584 s 4

624.23 Construction of sections 624.20 to 624.25.

Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device.

HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5

624.24 Officers may seize illegal fireworks.

The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or ause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.

HIST: 1941 c 125 s 5

624.25 Violation.

Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows:

(1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both;

(2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and

(3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both.

HIST: 1941 c 125 s 6; 1988 c 584 s

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MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY

State Fire Marshal Division

444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145

Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555

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