N.Y. Comp. Codes R. & Regs. tit. 9 § 225.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 225.1 - Definitions

(a) The term sparkling devices shall have the meaning ascribed to that term by section 270.00(1)(a)(vi) of the Penal Law, and shall include ground-based or hand-held devices (as defined in paragraph (1) of this subdivision) and novelties (as defined in paragraph (2) of this subdivision). In addition, for purposes of this Chapter, sparkling devices shall be considered consumer fireworks consistent with the 19 NYCRR Part 1219, Uniform Fire Prevention and Building Code.

(1) Ground-based or hand-held devices. The term ground-based or hand-held devices shall include the category of devices described in section 270.00(1)(a)(vi)(1) of the Penal Law, i.e.: ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Specific types of devices in this category include the following:

(i) Cylindrical fountain. Cylindrical tube containing not more than 75 grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. 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 to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of 500 grams of pyrotechnic composition shall be allowed.

(ii) Cone fountain. Cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams.

(iii) Wooden sparkler/dipped stick. These devices consist of a 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 100 grams of pyrotechnic composition per item.

(2) Novelties. The term novelties shall include the category of devices described in section 270.00(1)(a)(iv)(2) of the Penal Law, i.e.: novelties which do not require approval from the United States Department of Transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below:

(i) Party popper. Small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of 72 devices.

(ii) Snapper. Small, paper-wrapped devices containing not more than one milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.

(b)Distributor. The term distributor means any person or entity engaged in the business of selling sparkling devices to wholesalers, specialty retailers, permanent retailers or temporary seasonal retailers for resale.

(c)Manufacturer. The term manufacturer means any person or entity engaged in the manufacture or construction of sparkling devices.

(d)Specialty retailer. The term specialty retailer means any person or entity who, at a fixed place of business, is engaged solely in selling sparkling devices at retail. For purposes of this Part, a person or entity is engaged solely in selling sparkling devices if 51 percent or more of such person's or entity's annual gross sales are from the sale of sparkling devices.

(e)Permanent retailer. The term permanent retailer means any person or entity who, at a fixed place of business, is engaged in selling sparkling devices at retail.

(f)Temporary seasonal retailer. The term temporary seasonal retailer means any person or entity who, at a temporary stand or tent, is engaged in selling sparkling devices from June 20th through July 5th or from December 10th through January 2nd of each year at retail.

(g)Wholesaler. The term wholesaler means any person or entity engaged in the business of selling sparkling devices to specialty retailers, permanent retailers or temporary seasonal retailers at wholesale.

(h)Authority having jurisdiction. The term authority having jurisdiction shall mean the state, city, town, village, county or other governmental unit or agency responsible for administration and enforcement of the Uniform Fire Prevention and Building Code with respect to a building or structure.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 225.1

Adopted New York State Register March 23, 2016/Volume XXXVIII, Issue 12, eff.3/23/2016