Mo. Rev. Stat. § 320.106 — MO Code / Chapter 320 / Section 320.106
320.106 Definitions.
Status: in_force

320.106. Definitions. — As used in sections 320.106 to 320.161 , unless clearly indicated otherwise, the following terms mean:

(1) "American Pyrotechnics Association (APA), Standard 87-1" , a voluntary standard, or subsequent standard that may amend or supersede this standard for manufacturers, importers, and distributors of fireworks, in which fireworks classifications are assigned based upon the weight and type of chemical composition contained for each specific type of device including, but not limited to, specific permissible and restricted chemicals. Such standard shall be construed to include the following APA standards:

(a) APA 87-1A Standard for Construction, Classification, Approval, and Transportation of Consumer Fireworks;

(b) APA 87-1B Standard for the Construction, Classification, Approval, and Transportation of Display Fireworks; and

(c) APA 87-1C Standard for the Construction, Classification, Approval, and Transportation of Entertainment and Technical Pyrotechnics;

As used in this chapter, the current editions of APA 87-1 are controlling. Any future editions or amendments to future editions adopted related to standards contained in APA 87-1 by the American Pyrotechnics Association shall only be in effect upon formal review of the fire marshal's office and promulgation of rules under their rulemaking authority as set out in this chapter and chapter 536 ;

(2) "Annual retailer" , any person engaged in the business of making sales of consumer fireworks at wholesale or retail within the state of Missouri during a calendar year from the first day of January through the thirty-first day of December;

(3) "Articles pyrotechnic" , devices containing compositions, which produce a visual and audible effect primarily used in the entertainment and technical training/development industries, that comply with the limits and requirements of APA Standard 87-1C and that may not be offered for sale to the general public;

(4) "Chemical composition" , all pyrotechnic and explosive composition formulations contained in fireworks devices as defined in American Pyrotechnics Association (APA), Standard 87-1;

(5) "Consumer fireworks" , explosive and pyrotechnic devices designed for sale and use by the general public that conform with requirements set forth by the United States Consumer Product Safety Commission (CPSC) and designed primarily to produce visible or audible effects by combustion including, but not limited to, aerial devices, ground devices, fuses, and novelties in compliance with APA Standard 87-1A;

(6) "Discharge site" , the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;

(7) "Dispenser" , a device designed for the measurement and delivery of liquids as fuel;

(8) "Display before a proximate audience" , the discharge or use of fireworks or special effects before a proximate audience or in any indoor setting, in accordance with the guidelines established by NFPA 1126: Code Standard for the Use of Pyrotechnics Before a Proximate Audience;

(9) "Display fireworks" , devices containing chemical compositions that are intended for use in professional firework shows, designed to produce visible or audible effects, and comply with the limits and requirements of APA Standard 87-1B;

(10) "Display site" , the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not spectator viewing areas or vehicle parking areas;

(11) "Distributor" , any person engaged in the business of selling fireworks to wholesalers, annual retailers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits as specified in sections 320.106 to 320.161 ;

(12) "Fireworks" , any composition or device for producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation and that meets the definition of consumer fireworks, articles pyrotechnic, or display fireworks as set forth in this section;

(13) "Fireworks season" , the period beginning on the twentieth day of June and continuing through the tenth day of July of the same year and the period beginning on the twentieth day of December and continuing through the second day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell consumer fireworks;

(14) "Flame effect" , the combustion of solids, liquids, or gases using atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience;

(15) "Flame effect operator" , the single individual with overall responsibility for flame effect operations and safety who has met additional requirements established by promulgated rules and has successfully completed a proximate-audience training course recognized and approved by the state fire marshal;

(16) "Licensed display operator" , any person who supervises, manages, or directs the discharge of outdoor display fireworks or articles pyrotechnic, either by manual or electrical means; who has met additional requirements established by promulgated rule and has successfully completed a display fireworks training course recognized and approved by the state fire marshal;

(17) "Licensed pyrotechnic effects operator" , an individual who has responsibility for pyrotechnic safety and who controls, initiates, or otherwise creates special effects or uses fireworks or pyrotechnic material before a proximate audience or in any indoor setting and who has met additional requirements established by promulgated rules and has successfully completed a proximate audience training course recognized and approved by the state fire marshal;

(18) "Manufacturer" , any person engaged in the making, manufacture, assembly, altering, or construction of fireworks of any kind within the state of Missouri for the purpose of selling or distributing;

(19) "NFPA" , National Fire Protection Association, an international codes and standards organization;

As used in chapter 320 , the current editions of NFPA 1123, NFPA 1124, and NFPA 1126 are controlling. Any future editions or amendments to future editions adopted related to standards contained in NFPA 1123, NFPA 1124, or NFPA 1126 by the National Fire Protection Association shall only be in effect upon formal review of the fire marshal's office and promulgation of rules under their rulemaking authority as set out in this chapter and chapter 536 ;

(20) "Outdoor fireworks display" , a presentation of fireworks before a public audience in accordance with the guidelines established by NFPA 1123: Code for Fireworks Display;

(21) "Permanent structure" , buildings and structures with permanent foundations other than tents, mobile homes, stands, and trailers;

(22) "Permit" , the written authority of the state fire marshal issued pursuant to sections 320.106 to 320.161 to sell, possess, manufacture, discharge, or distribute fireworks;

(23) "Person" , any corporation, association, partnership or individual or group thereof;

(24) "Proximate audience" , an audience closer to pyrotechnic devices than permitted by NFPA 1123: Code for Fireworks Display;

(25) "Sale" , an exchange of articles of fireworks for money, including barter, exchange, or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, copartnership or one or more individuals;

(26) "Seasonal retailer" , any person within the state of Missouri engaged in the business of making sales of consumer fireworks in Missouri only during a fireworks season;

(27) "Substantial damage" , damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred;

(28) "Substantial improvement" , any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the improvement or repair is started. If the structure has substantial damage, any repairs are considered improvement regardless of the actual repair work performed. The term shall not include either of the following:

(a) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions; or

(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure;

(29) "Wholesaler" , any person engaged in the business of making sales of consumer fireworks to any other person engaged in the business of making sales of consumer fireworks at retail within the state of Missouri.

(L. 1985 S.B. 76 § 1, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196, A.L. 2007 S.B. 22, A.L. 2012 H.B. 1647 merged with S.B. 835, A.L. 2025 S.B. 81 & 174)