W. Va. Code R. § 103-4-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 103-4-11 - Prohibited Conduct

11.1. A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.

11.2. A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.

11.3. A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.

11.4. A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:

11.4.a. Is under the influence of alcohol;

11.4.b. Is under the influence of any controlled substance;

11.4.c. Is under the influence of any other drug; or

11.4.d. Is under the combined influence of alcohol and any controlled substance or any other drug.

11.5. A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.

11.6. The provisions of this section shall be effective June 1, 2016.

11.7. No retailer may knowingly sell or offer for sale fireworks to any person who:

11.7.a. Is under the influence of alcohol;

11.7.b. Is under the influence of any controlled substance;

11.7.c. Is under the influence of any other drug;

11.7.d. Is under the combined influence of alcohol and any controlled substance or any other drug; or

11.7.e. Is less than eighteen (18) years of age.

11.8. No fireworks retailer/operator/employee shall be under the influence of alcohol or any other drug or combined influence of alcohol and controlled substance or any other drug while engaged in the selling of fireworks.

W. Va. Code R. § 103-4-11