16-219-36 Me. Code R. § 4

Current through 2024-51, December 18, 2024

Section 219-36-4 - General Provisions

1. A consumer fireworks license issued pursuant to 8 M.R.S.A §§221-A - 236 and this chapter does not authorize the purchase or sale of the following:

A. Missile-Type Rockets as defined in Section 1, subsection 3;

B. Helicopters and aerial spinners as defined in Section 1, subsection 4;

C. Sky rockets and bottle rockets as defined in Section 1, subsection 5;

2. Any person licensed to sell consumer fireworks may do so only from a permanent, fixed, stand-alone building dedicated solely to the storage and sale of consumer fireworks. The building must be fully sprinkled with a sprinkler system compliant with NFPA 13, Standard for the Installation of Sprinkler Systems (2016 edition) or another system based on item part 2, number 5, of the Office of State Fire Marshal Fire Sprinkler Technical Policy. A building sprinkled with a system other than an NFPA 13 system shall have a fire alarm system with automatic emergency forces notification which is also consistent with NFPA 72, National Fire Alarm Code (2019 edition). All consumer fireworks retail sales facilities must be not less than 60 feet from any other occupancy or occupiable area as defined by the National Fire Protection Association, 2018Life Safety Code (2018 edition) sections 3.3. 196 and 3.3.22.7 and not less than 300 feet from a structure at which gasoline, propane, or other flammable material is sold or dispensed.

3. Any building or structure used for the retail sale of consumer fireworks, including their related storage, shall comply with Chapter 36, New Mercantile Occupancies, of NFPA 101, Life Safety Code, 2018 edition for mercantile occupancies. NFPA 101 has been adopted in Maine under Chapter 20, Fire Safety in Building and Structures, of the rules of the State Fire Marshal's Office.

4. No trailer, semi-trailer or metal shipping container used for temporary storage of consumer fireworks shall be parked for more than 90 days on the premises of the consumer fireworks retail sales facility.

5. A license to sell fireworks does not authorize the licensee to engage in the manufacture or use of fireworks.

6. When transporting fireworks, licensees shall comply with all applicable federal, state, and local transportation requirements. Nothing in this rule shall restrict the right of any person to transport, in a private vehicle, fireworks that have been purchased from a retail sales fireworks licensee.

7. Required Public Posting: Each licensed facility shall prominently post for public viewing the following documents:

A. The original state license;

B. Any required municipal permit;

C. A list of towns prohibiting or restricting the use of consumer fireworks in Maine;

D. A copy of the federal permit;

E. A safety pamphlet; and

F. A copy of the insurance certificate that complies with 8 M.R.S.A 2235) in this chapter.

16-219 C.M.R. ch. 36, § 4