An Act To Allow the Sale and Use of Consumer Fireworks
Maine Legislature, Session 124, LD 1187
Committee: Criminal Justice and Public Safety
Sponsors: GOOLEY, HILL, DAMON, MARRACHE, NASS, BROWNE, HOGAN, MAZUREK, PEOPLES, WEAVER
Amends: 8 MRSA §221-A, 8 MRSA §223, 8 MRSA §223-A, 8 MRSA §236

Legislative Document 
No. 1187 
S.P.435 
In Senate, March 25, 20.09 
An Act To Allow the Sale and Use of Consumer Fireworks 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator GOOLEY of Franklin. 
Cosponsored by Representative HILL of York and 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: DAMON of Hancock, MARRACHE of Kennebec, NASS of York, Representatives: 
BROWNE of Vassalboro, HOGAN of Old Orchard Beach, MAZUREK of Rockland, 
PEOPLES of Westbrook, WEAVER of York. 
Printeu on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 8 MRSA §221-A, sub~§l-A is enacted t6 read: 
I-A. ' Consume.r fireworks. "Consumer fireworks" has the sa~e meaning as in 27 
Code of Federal Regulations, Section 555.11 or subsequent provision. 
Sec. 2: 8 MRSA §221-A, sub-§3-A is enacted to read: 
3-A. Fire safety official. "Fire 'safety official" means a state or municipal official 
who has authority to enforce life and fire safety laws, statutes, ordinances, rules or 
regulations. 
Sec. 3. 8 MRSA §221-A, sub.,.§4, as enacted by PL 1999, c. 671, §2, is amended 
to read: 
4. Firewori(s. "Fireworks" means any: 
A. 
Combustible or explosive composition or substance; 
B. 
Combination of explosive compositions o~ substances; 
C. 
other arti~le that was prepared for the pl)l1Jose of producing a visible or audible 
effect by combustion, ,explosion, deflagration or detonation, including. blank 
cartndges or toy cannons in which explosives are used, the type of balloon that 
requires fire underneath to propel ,it, firecrackers, torpedoes, skyrockets, roman 
candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents and other 
fireworks of.like construction; 
D. 
Fireworks containing any explosive or flammable compound; or 
E. 
. Tablets or other device containing any explosive substance or flammable 
compound. 
The term "fireworks" does not include consumer fireworks or toy pistols, toy canes, toy 
guns or other devices in which paper caps or plastic caps containing 25/1 00 grains or less 
of explosive compound are used if they are constructed so that the hand cim not come in 
contact with the cap when in place for the explosion, toy pistol paper caps or plastic caps 
that contain less than 20/100 grains of explosi:ve mixture or sparklers that do not contain 
magnesium chlorates <?r perchlorates. 
Sec. 4. 8 MRSA §223, sulb-§l, as amended by PL 2003, c. 452, Pt C, §3 and 
affected by Pt. X, §2, is further amended t6 read: 
1. Sale' of fireworks prohibited. A Except for the sale of consumer fireworks under 
section 223-A. a person may not sell, possess with the intent to sell or offer for sale 
fireworks. 
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Sec. 5. 8 MRSA §223-A is enacted to read: 
Page I - 124LRlS91(Ol)-1 
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§223-A. Sale of consumer fireworks 
1. Sale of consumer fireworks. A person may sell consumer fireworks if that person 
is 21 years of age or older and possesses: 
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A. A federal permit to sell fireworks under 18 United States Code, Section 843; 
B. A license under subsection 4; and 
C.' A municipal permit under subsection 3. 
2. Prohibited sales. A person under subsection 1 may not sell consumer fireworks 
to a person under 21 years of age or who appears to be under the influence of alcohol or 
drugs. 
3. Municipalities. The legislative body of a municipality may adopt an ordinance to 
allow or prohibit the sale, use or possession, of consumer fireworkS within. the 
municipality. 
A municipal ordinance allowing the sale of consumer fireworks must 
provide for the issuance of a permit to' a person the municipality approves to sell 
consumer fireworks., A permit may not be issued unless: 
A. The applicant is 21 years of age or older; 
B. The applicant applies for a permit under this subsection on a Iorm prescribed by 
the commissioner; 
C. The applicant complies with the provisions of subsection 1, paragraph A; 
D. The applicant complies with the provisions of subsection 5; and 
E. The application is approved by the municipality's police chief, fire chief and code 
enforcement officer if those positions exist. , 
A municipality may require a fee for a permit issued under this subsection. 
4. State license. The commissioner may issue a license to sell consumer fireworks if 
the following requirements are met: 
A. The applicant is 21 years of age or older; 
B. The applicant complies with the provisions of subsection 1, paragraphs A and C; 
'c. The appl~cant complies with the provisions of subsection 5; and 
D. The applicant 'has not been convicted of an offense or violated a state, federal or 
municipal law, rule or regulation involving fireworks or explosives within the i years '. 
prior to the application. 
The commissioner shall charge a fee of $1 ,500 for a license under this subsection. 
5. Storage and handling. A person authorized to sell consumer fireworks under 
subsection 1 shall store and sell the fireworks in a building dedicated solely to the storage 
and sale of consumer fireworks that meets all applicable fire safety codes and standards, 
building codes; zoning ordinances and municipal ordinances. Pursuant to section 236, the 
commissioner may adopt rules relative to the use, storage, transportation and display of 
consumer fireworks. A person at least 18, years of age may handle and sell consumer 
fireworks if the person is under the direct supervision of a perso11 21 years of age or older. 
6. Advertising. A person may not advertise the sale of consunler fireworks in a way 
that is misleading' about the conditions tmder which consumer fireworks may be 
purchased or used or about the requirements of this section. An advertisement for the sale 
of consumer fireworks must contain the words "Check with your local fire department to 
see if consumer fireworks are allowed in your cOlmnunity" in a size and manner required 
by the commissioner. 
7. Civil liability. A person who violates the Provisions of this section is liable in a 
civil action to a person for damages for bodily injury or property damage resulting from 
violation and the defenses under Title 14, section 156 or assumption of risk may not be 
' used by the person. 
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8. Enforcement. The commissioner, a state law enforcement officer, a municipal 
law enforcement officer, a code enforcement officer or a fire safety official may petition 
Superior Court or District Court to seize or remove at-the expense of the owner consumer 
fireworks sold, offered for sale, stored, possessed or used in violation of tillS section. The 
comnlissioner may irhmediately suspend a license granted under subsection 4 for a 
violation of this section. A person whose license is suspended under this subsection must 
receive a hearing within 10 days of the suspension under Title 5, chapter 375, subchapter 
4. 
A person whose license is suspended under this subsection may not receive a 
subsequent license under subsection 4 for a period of at least one year from the date of 
suspension. A violation of this section iS,a Class E crime. 
Sec. 6. 8 MRSA §236, as enacted by PL 1999, c. 671, § 12, is amended to read: 
§236. Adoption of rules 
The commissioner shall, in accordance ''lith the Maine Administrative'Procedure Act, 
may adopt reasonable rules relative to the use, storage, transportation and display of 
consumer fireworks, fireworks' and special effect pyrotechnics and to carry out the 
purposes of tillS chapter. Rules adopted pursuant to this section are routine technical 
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rules pursuant to Title 5, chapter 375, subchapter Il-A 2-A. 
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SUMMARY 
This bill removes the prohibition on the sale and use of consumer fireworks and 
establishes a licensing protocol for sellers of consumer fireworks. A seller of consumer 
fireworks must have a federal and state license, and a permit from a municipality: A 
municipality may adopt an ordinance that allows or prohibits the sale, use or possession 
of consumer fireworks. A seller of consumer fireworks must be 21 years of age or older 
and may not have been convicted or found in violation of any state, federal or municipal 
law, rule or ordinance conceming fireworks or explosives. Consumer fireworks must be 
stored in a building exclusively used forthe storage and sale of fireworks that has met all 
applicable fire safety, building and zoning codes and muniCipal ordinances. 
The 
Commissioner of Public Safety may adopt rules relative to the use, storage, transportation 
and display of consumer fireworks. A seller of consumer fireworks may not use 
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misleading advertising and must wam consumers in any advertising to check with the 
local fire department to see if consumer fireworks are allowed in the community. 
A 
person who violates the provisions of this bill is liable for any bodily injury or property 
damage that results and cam10t use certain civil defenses. A violation of the provisions of 
this bill may result in the seizure of and suspension of a license to sell consumer 
fireworks and is a Class E crime. 
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