An Act To Legalize the Sale, Possession and Use of Fireworks
Maine Legislature, Session 125, LD 0083
Committee: Criminal Justice and Public Safety
Sponsors: DAMON, THIBODEAU, BENNETT, JOHNSON, LIBBY, O'CONNOR, PARKER, RIOUX, SIROCKI, WOOD
Amends: 8 MRSA §221-A, 8 MRSA §223, 8 MRSA §223-A, 8 MRSA §236

Legislative Document 
No. 83 
H.P. 71 
House of Representatives, January 12, 2011 
An Act To Legalize the Sale, Possession and Use of Fireworks 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DAMON of Bangor. 
Cosponsored by Senator THIBODEAU of Waldo and 
Representatives: BENNETT of Kennebunk, JOHNSON of Eddington, LIBBY of Waterboro, 
O'CONNOR of Berwick, PARKER of Veazie, RIOUX of Winterport, SIROCKI of 
Scarborough, WOOD of Sabattus. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation needs to take effect before the 4th of July holiday and 
before the 90-day period expires; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §221-A, sub-§1-A is enacted to read: 
1-A.  Consumer fireworks.  "Consumer fireworks" has the same 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.  Fireworks.  "Fireworks" means any: 
A.  Combustible or explosive composition or substance; 
B.  Combination of explosive compositions or substances; 
C.  Other article that was prepared for the purpose of producing a visible or audible 
effect by combustion, explosion, deflagration or detonation, including blank 
cartridges 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 25/100 grains or less 
of explosive compound are used if they are constructed so that the hand can 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 explosive mixture or sparklers that do not contain 
magnesium chlorates or perchlorates. 
Sec. 4.  8 MRSA §223, sub-§1, as amended by PL 2003, c. 452, Pt. C, §3 and 
affected by Pt. X, §2, is further amended to 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. 
Sec. 5.  8 MRSA §223-A is enacted to read: 
§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: 
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 form 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 applicant 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 2 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 person 21 years of age or older. 
6.  Advertising.  A person may not advertise the sale of consumer fireworks in a way 
that is misleading about the conditions under 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 community" 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. 
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 
the 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 this 
section.  The commissioner may immediately suspend a license granted under subsection 
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. 
9.  Safety information.  A person authorized to sell consumer fireworks shall 
provide a safety pamphlet published by the commissioner to each purchaser of consumer 
fireworks. 
10.  Violation.  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 with 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 this chapter and shall devise and publish a safety pamphlet detailing 
appropriate use of the permissible fireworks.  Rules adopted pursuant to this section are 
routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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 regulation concerning fireworks or explosives.  Consumer fireworks must be 
stored in a building exclusively used for the storage and sale of fireworks that has met all 
applicable fire safety and building codes and zoning 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 
misleading advertising and must warn consumers in any advertising to check with the 
local fire department to see if consumer fireworks are allowed in the community.  A seller 
of consumer fireworks must provide a safety pamphlet to each purchaser of consumer 
fireworks.  A person who violates the provisions of this bill is liable for any bodily injury 
or property damage that results and cannot use certain civil defenses.  A violation of the 
provisions of this bill may result in the seizure of the consumer fireworks and suspension 
of a license to sell consumer fireworks and is a Class E crime.