KRS § 227.702 — KY Code / Title XIX / Chapter 227 / Section 227.702
227.702 Consumer fireworks defined
Status: in_force

227.702 Consumer fireworks defined.

As used in KRS 227.700 to 227.750, "consumer fireworks" means fireworks that are

suitable for use by the public, designed primarily to produce visible effects by

combustion, and that comply with the construction, chemical composition, and labeling

regulations of the United States Consumer Product Safety Commission. The types, sizes,

and amount of pyrotechnic contents of these devices are limited as enumerated in this

section. Some small devices designed to produce audible effects are included, such as

whistling devices, ground devices containing fifty (50) mg. or less of explosive

composition, and aerial devices containing one hundred thirty (130) mg. or less of

explosive composition. Consumer fireworks are further defined by the Consumer Product

Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, are classified as Division

1.4G explosives by the United States Department of Transportation, and include the

following:

(1) Ground and hand-held sparkling devices.

(a) Dipped stick-sparkler or wire sparkler. These devices consist of a metal wire

or 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 one hundred (100) grams of pyrotechnic composition per item.

Those devices containing any perchlorate or chlorate salts may not exceed five

(5) grams of pyrotechnic composition per item. Wire sparklers which contain

no magnesium and which contain less than one hundred (100) grams of

composition per item are not included in this category, in accordance with

DOT regulations;

(b) Cylindrical fountain. Cylindrical tube containing not more than seventy-five

(75) grams of pyrotechnic composition. 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, if intended to be hand-held (handle fountain). When more

than one (1) tube is mounted on a common base, total pyrotechnic

composition may not exceed two hundred (200) grams, or five hundred (500)

grams if the tubes are separated from each other on the base by a distance of at

least one-half (1/2) inch;

(c) Cone fountain. Cardboard or heavy paper cone containing up to fifty (50)

grams of pyrotechnic composition. The effect is the same as that of a

cylindrical fountain. When more than one (1) cone is mounted on a common

base, the total pyrotechnic composition may not exceed two hundred (200)

grams, or five hundred (500) grams if the tubes are separated from each other

on the base by a distance of at least one-half (1/2) inch;

(d) Illuminating torch. Cylindrical tube containing up to one hundred (100) grams

of pyrotechnic composition. Upon ignition, colored fire is produced. May be

spike, base or hand-held. When more than one (1) tube is mounted on a

common base, total pyrotechnic composition may not exceed two hundred

(200) grams, or five hundred (500) grams if the tubes are separated from each

other on the base by a distance of at least one-half (1/2) inch;

(e) Wheel. A device attached to a post or tree by means of a nail or string. A

wheel may have one (1) or more drivers, each of which may contain not more

than sixty (60) grams of pyrotechnic composition. No wheel may contain

more than two hundred (200) grams total pyrotechnic composition. Upon

ignition, the wheel revolves, producing a shower of color and sparks and,

sometimes, a whistling effect;

(f) Ground spinner. Small device containing not more than twenty (20) grams of

pyrotechnic composition, similar in operation to a wheel but intended to be

placed on the ground and ignited. A shower of sparks and color is produced by

the rapidly spinning device;

(g) Flitter sparkler. Narrow paper tube attached to a stick or wire and filled with

not more than one hundred (100) grams of pyrotechnic composition that

produces color and sparks upon ignition. The paper at one (1) end of the tube

is ignited to make the device function; and

(h) Toy smoke device. Small plastic or paper item containing not more than one

hundred (100) grams of pyrotechnic composition that, upon ignition, produces

white or colored smoke as the primary effect;

(2) Aerial devices.

(a) Sky rockets and bottle rockets. Cylindrical tube containing not more than

twenty (20) grams of pyrotechnic composition. Sky rockets contain a wooden

stick for guidance and stability and rise into the air upon ignition. A burst of

color or noise or both is produced at the height of flight;

(b) Missile-type rocket. A device similar to a sky rocket in size, composition, and

effect that uses fins rather than a stick for guidance and stability;

(c) Helicopter, aerial spinner. A tube containing up to twenty (20) grams of

pyrotechnic composition. A propeller or blade is attached, which, upon

ignition, lifts the rapidly spinning device into the air. A visible or audible

effect is produced at the height of flight;

(d) Roman candles. Heavy paper or cardboard tube containing up to twenty (20)

grams of pyrotechnic composition. Upon ignition, up to ten (10) "stars"

(pellets of pressed pyrotechnic composition that burn with bright color) are

individually expelled at several second intervals;

(e) Mine, shell. Heavy cardboard or paper tube usually attached to a wood or

plastic base and containing up to sixty (60) grams of total chemical

composition (lift charge, burst charge, and visible or audible effect

composition). Upon ignition, "stars," components producing reports

containing up to one hundred thirty (130) milligrams of explosive

composition per report, or other devices are propelled into the air. The term

"mine" refers to a device with no internal components containing a bursting

charge, and the term "shell" refers to a device that propels a component that

subsequently bursts open in the air. A mine or shell device may contain more

than one (1) tube provided the tubes fire in sequence upon ignition of one (1)

external fuse. The term "cake" refers to a dense-packed collection of mine or

shell tubes. Total chemical composition including lift charges of any multiple

tube devices may not exceed two hundred (200) grams. The maximum

quantity of lift charge in any one (1) tube of a mine or shell device shall not

exceed twenty (20) grams, and the maximum quantity of break or bursting

charge in any component shall not exceed twenty-five percent (25%) of the

total weight of chemical composition in the component. The tube remains on

the ground; and

(f) Aerial shell kit, reloadable tube. A package kit containing a cardboard, high-

density polyethylene (HDPE), or equivalent launching tube with multiple-shot

aerial shells. Each aerial shell is limited to a maximum of sixty (60) grams of

total chemical composition (lift charge, burst charge, and visible or audible

effect composition), and the maximum diameter of each shell shall not exceed

one and three-fourths (1-3/4) inches. In addition, the maximum quantity of lift

charge in any shell shall not exceed twenty (20) grams, and the maximum

quantity of break or bursting charge in any shell shall not exceed twenty-five

percent (25%) of the total weight of chemical composition in the shell. The

total chemical composition of all the shells in a kit, including lift charge, shall

not exceed four hundred (400) grams. The user lowers a shell into the

launching tube, at the time of firing, with the fuse extending out of the top of

the tube. After the firing, the tube is then reloaded with another shell for the

next firing. All launching tubes shall be capable of firing twice the number of

shells in the kit without failure of the tube. Each package of multiple-shot

aerial shells must comply with all warning label requirements of the

Consumer Product Safety Commission; and

(3) Audible ground devices.

(a) Firecrackers, salutes. Small paper-wrapped or cardboard tube containing not

more than fifty (50) mg. of pyrotechnic composition. Those used in aerial

devices may contain not more than one hundred thirty (130) milligrams of

explosive composition per report. Upon ignition, noise and a flash of light is

produced; and

(b) Chaser. Small paper or cardboard tube that travels along the ground upon

ignition. A whistling effect, or other noise, is often produced. The explosive

composition used to create the noise may not exceed fifty (50) mg.