An Act To Legalize the Sale, Possession and Use of Fireworks
Maine Legislature, Session 125, LD 0083
Committee Amendment CA_B_H583 (House)
Amends: 8 MRSA §22, 8 MRSA §221-A, 8 MRSA §223, 8 MRSA §223-A, 8 MRSA §236

COMMITTEE AMENDMENT "13,, to H.P. 71, L.D. 83, Bill, "An Act To Legalize 
the Sale, Possession and Use of Fireworks" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §22t-A, sub-§t-A is enacted to read: 
I-A. Consumer fireworks. "Consumer fireworks" has the same meaning as in 27 
Code of Federal Regulations, Section 555.11 or subsequent provision, but includes only 
products that are tested and certified by a 3rd-party testing laboratory as conforming with 
United States Consumer Product Safety Commission standards, in accordance with 15 
United States Code, Chapter 47. "Consumer fireworks" does not include the following 
products: 
A. Missile-type rockets, as defined by the State Fire Marshal by rule; 
B. Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and 
C. Sky rockets and bottle rockets. For purposes of this paragraph, "sky rockets and 
bottle rockets" means cylindrical tubes containing not more than 20 grams of 
chemical composition, as defined by the State Fire Marshal by rule, with a wooden 
stick attached for guidance and stability that rise into the air upon ignition and that 
may produce a burst of color or sound at or near the height of flight. 
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 amended by PL 2011, c. 202, §1, is further 
amended to read: 
4. Fireworks. "Fireworks" means any: 
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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, sparklers that do not contain 
magnesium chlorates or perchlorates or signal, antique or replica cannons if no projectile 
is fired. 
Sec. 4. 8 MRSA §223, sub-§l, 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 not sell consumer fireworks unless 
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 3: and 
C. A municipal permit if reguired under subsection 2. 
2. Municipalities. The legislative body of a municipality may adopt an ordinance to 
prohibit or restrict the sale or use of consumer fireworks within the municipality. 
Municipalities that prohibit or restrict the sale or use of consumer fireworks shall provide 
to the Office of the State Fire Marshal a copy of the relevant restriction or prohibition 
within 60 days of adoption. A municipality may reguire that a person obtain a municipal 
permit for selling consumer fireworks within the municipality. 
A municipality that 
chooses to issue municipal permits under this subsection shall notify the Office of the 
State Fire Marshal at least 60 days prior to the initiation of its permitting program for the 
sale of consumer fireworks. A municipal permit may not be issued unless: 
A. The applicant is 21 years of age or older; 
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COMMITTEE AMENDMENT:13 .. to H.P. 71, L.D. 83 
B. The applicant applies for a permit under this subsection on a form prescribed by 
the commissioner; 
C. The applicant possesses the federal permit required under subsection 1, paragraph 
A;. 
D. The applicant complies with the provisions of subsection 4; 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 reasonable fee for a permit issued under this subsection. A 
person holding a permit issued by a municipality under this subsection may not sell 
consumer fireworks unless the person satisfies all the requirements of subsection 1. 
3. State license. The commissioner may issue a license to sell consumer fireworks 
to an applicant who: 
A. Is 21 years of age or older; 
B. Possesses the permits required under subsection I, paragraphs A and C; 
C. Complies with the provisions of subsection 4; and 
D. 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. The 
term of a license is one year. A separate license is required for each location at which an 
applicant seeks to sell consumer fireworks. Fees collected under this subsection must be 
deposited in a nonlapsing account of the Office of the State Fire Marshal to be used for 
the purpose of enforcing this section. 
4. Storage and handling. A person authorized to sell consumer fireworks under 
subsection 1 may store and sell the fireworks only in a permanent, fixed, stand-alone 
building dedicated solely to the storage and sale of consumer fireworks in accordance 
with this subsection. 
A. The building must be constructed, maintained and operated, and all consumer 
fireworks must be stored, in compliance with the requirements of National Fire 
Protection Association Standard 1124, as adopted by the Office of the State Fire 
Marshal, relevant building codes, zoning ordinances and other municipal ordinances. 
B. The building may not be less than 60 feet from another permanent building and 
may not be less than 300 feet from a structure at which gasoline, propane or other 
flammable material is sold or dispensed. 
C. Cigarettes, tobacco products or lighters or other flame-producing devices may not 
be permitted in the building. 
D. A person under 21 years of age may not be admitted to the building unless 
accompanied by a parent or guardian. 
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E. Notwithstanding paragraph D, 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. 
5. Insurance. A person authorized to sell consumer fireworks under subsection 1 
shall at all times maintain public liability and product liability insurance with minimum 
coverage limits of $2,000,000 to cover the losses, damages or injuries that might ensue to 
persons or property as a result of the person selling consumer fireworks. 
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 
conspicuous location and in a consistent font as approved by the commissioner. 
7. Civil liability. A person who violates the provisions of this section is liable in a 
civil action for damages for bodily injury or property damage resulting from violation, 
and the defenses under Title 14, section 156 or a defense based on assumption of risk 
may not be used by the person. 
S. Restrictions on use of consumer fireworks. The use of consumer fireworks is 
governed by this subsection. 
A. Consumer fireworks may be used between the hours of 9:00 a.m. and 10:00 p.m., 
except that on the following dates they may be used between the hours of 9:00 a.m. 
and 12:30 a.m. the following day: 
(1) July 4th; 
(2) December 31st; and 
(3) The weekends immediately before and after July 4th and December 31st. 
B. A person may use consumer fireworks only: 
(1) On that person's property if the use of consumer fireworks on that property 
occurs at least 114 mile from all building structures or if the consumer fireworks 
are fired from the shore of a lake or other large body of water and directed in 
such manner that the falling residue from the deflagration will fall into that lake 
or body of water; 
(2) On the property of a person who has consented to the use of consumer 
fireworks if the use of consumer fireworks on that property occurs at least 1/4 
mile from all building structures or if the consumer fireworks are fired from the 
shore of a lake or other large body of water and directed in such manner that the 
falling residue from the deflagration will fall into that lake or body of water; or 
(3) Under direct supervision of a local fire department. 
A person who violates this subsection commits a civil violation for which a fine of not 
less than $50 and not more than $500, plus court costs, may be adjudged for anyone 
offense. 
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9. Enforcement against licensees. 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 a licensee 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 3 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 license under subsection 3 for a period of at least one year 
from the date of suspension. 
10. Disclosures to customers. A person authorized to sell consumer fireworks shall 
provide to the purchaser at the point of sale written guidelines describing the safe and 
proper use of consumer fireworks. 
The guidelines must also include the following 
statements in a conspicuous location: "MAINE LAW EXPRESSLY PROHIBITS 
PERSONS UNDER 21 YEARS OF AGE FROM PURCHASING. POSSESSING OR 
USING CONSUMER FIREWORKS" and "FURNISHING CONSUMER FIREWORKS 
TO PERSONS UNDER 21 YEARS OF AGE IS A CRIMINAL OFFENSE IN MAINE. " 
Such guidelines must be published or approved by the commissioner prior to distribution. 
11. Prohibited acts. This subsection governs prohibited acts. 
A. A person may not sell consumer fireworks within the State unless that person 
holds a valid license or is an employee or agent of a person that holds a valid license. 
R 
A person licensed to sell consumer fireworks under this chapter 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. 
C. Except as specifically allowed under subsection 4, paragraph E, a person may not 
knowingly: 
(1) Procure, or in any way aid or assist in procuring, furnish, give. sell or deliver 
consumer fireworks for or to a person under 21 years of age; or 
(2) Allow a person under 21 years of age under that person's control or in a place 
under that person's control to possess or use consumer fireworks. 
D. A person under 21 years of age may not purchase, use or possess consumer 
fireworks within the State or present to a person licensed to sell consumer fireworks 
any evidence of age that is false. fraudulent or not actually the person's own for the 
purpose of purchasing consumer fireworks. 
It is an affirmative defense to prosecution for a violation of paragraph B or C that the 
licensee sold consumer fireworks to a person under 21 years of age in reasonable reliance 
upon fraudulent proof of age presented by the purchaser. 
12. Violations. The following penalties apply to violations of subsection 11. 
A. A person who violates subsection 11, paragraph A. B or C commits a Class D 
crime. If the violation involves furnishing consumer fireworks to a minor. a fine of 
not less than $500 must be imposed in addition to any term of imprisonment the court 
may impose. If a person violates subsection 11, paragraph A, B or C after having 
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been convicted of violating the same paragraph one or more times within the previous 
6-year period, a fine of not less than $1,000 must be imposed in addition to any term 
of imprisonment the court may impose. 
B. A person who violates subsection 11, paragraph D commits a civil violation for 
which a fine of not less than $200 and not more than $400 must be imposed. If the 
person has been previously convicted of violating subsection 11, paragraph D one or 
more times, a fine of not less than $300 and not more than $600 must be imposed. 
Fines collected under this subsection must be deposited in a nonlapsing account of the 
Office of the State Fire Marshal to be used for the purpose of enforcing this section. 
13. Annual report to the Legislature. Beginning in 2013, the Office of the State 
Fire Marshal shall submit to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters a written report regarding the 
sale and use of consumer fireworks in this State. The report must. at a minimum, include 
information on the issuance and oversight of licenses to sell consumer fireworks, reported 
consumer fireworks-related injuries, reported consumer fireworks-related fires or other 
property damage and municipal restrictions or prohibitions on the sale or use of consumer 
fireworks. The report must be submitted not later than March 1st each year. 
Sec. 6. 8 MRSA §236, as enacted by PL 1999, c. 671, §12, is repealed and the 
following enacted in its place: 
§236. Adoption of rules 
1. Routine technical rules. The commissioner may adopt rules concerning the sale, 
use, storage, transportation and display of consumer fireworks, fireworks and special 
effect pyrotechnics and to carry out the purposes of this chapter. Rules adopted pursuant 
to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A. 
2. Major substantive rules. After December 31. 2013, the commissioner may adopt 
rules governing the reporting of consumer fireworks-related injuries by health care 
providers. Rules adopted pursuant to this subsection are major substantive rules pursuant 
to Title 5, chapter 375. subchapter 2-A. 
Sec. 7. Method for reporting data regarding consumer fireworks-related 
injuries. The Office of the State Fire Marshal shall work with the statewide associations 
representing hospitals and physicians to develop a method for health care providers to 
collect and report voluntarily to the Office of the State Fire Marshal data regarding 
injuries related to consumer fireworks as defined in the Maine Revised Statutes, Title 8, 
section 22l-A. This data may not include personally identifying information on persons 
treated, but may include information on the age of the person treated, the type and 
severity of the injury and, if known, the type of consumer firework involved in the injury. 
Sec. 8. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Fire Marshal - Office of 0327 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,0, to H.P. 71, L.D. 83 
Initiative: Provides appropriation and allocation for 2 Public Safety Inspector II positions 
and related costs to inspect entities licensed to sell consumer fireworks. 
GENERAL FUND 
Personal Services 
All Other 
Capital Expenditures 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
This amendment makes the following changes to the bill. 
2011-12 
$121,374 
$16,200 
$50,000 
$187,574 
2011-12 
2.000 
$15,000 
$15,000 
1. It eliminates the emergency preamble and emergency clause. 
2012-13 
$129,518 
$16,200 
$0 
$145,718 
2012-13 
2.000 
$15,000 
$15,000 
2. It amends the definition of "consumer fireworks" to include only products tested 
and certified by a 3rd-party testing laboratory. 
3. It excludes missile-type rockets, helicopters and aerial spinners and sky rockets 
and bottle rockets from the definition of" consumer fireworks." 
4. 
It removes "allow" and "or possession" from the provision that states a 
municipality may adopt an ordinance to allow or prohibit the sale, use or possession of 
consumer fireworks, thereby requiring municipalities that want to prohibit or restrict the 
sale or use of consumer fireworks in the municipality to adopt an ordinance. 
Municipalities that adopt such ordinances must provide the Office of the State Fire 
Marshal with a copy of the restriction or prohibition within 60 days. Possession of 
consumer fireworks is otherwise allowed in all municipalities. 
5. It provides that a municipality may require that a person obtain a municipal permit 
for selling consumer fireworks within the municipality. A municipality that chooses to 
issue municipal permits must notify the Office of the State Fire Marshal prior to initiating 
its permitting program. 
6. It provides that where municipalities do not adopt an ordinance to restrict or 
prohibit the sale of consumer fireworks and do not choose to issue municipal permits for 
the sale of consumer fireworks, the sale of consumer fireworks is allowed in accordance 
with the Maine Revised Statutes, Title 8, section 223-A. A municipal permit is not 
required in this circumstance. 
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COMMlITEE AMENDMENT:J3" to H.P. 71, L.D. 83 
7. It provides that a state license is valid for one year, costs $1,500, and funds 
enforcement through the Office of the State Fire Marshal. A separate license is required 
for each location at which an applicant seeks to sell fireworks. 
8. It requires that consumer fireworks be sold only in a permanent, fixed, stand-alone 
building dedicated solely to the sale of consumer fireworks and provides specific 
requirements for the building. 
9. It requires a person authorized to sell consumer fireworks to maintain public 
liability and product liability insurance with minimum coverage limits of $2,000,000. 
10. 
It requires advertising to contain the words "Check with your local fire 
department to see if consumer fireworks are allowed in your community" in a 
conspicuous location and in a consistent font as approved by the commissioner. 
11. It restricts the use of consumer fireworks to between the hours of 9:00 a.m. and 
10:00 p.m. except that they may be used between the hours of 9:00 a.m. and 12:30 a.m. 
on July 4th, December 31 st and the weekends immediately before and after those dates. 
12. It restricts the use of consumer fireworks to the user's property or the property of 
a consenting person if the use occurs at least 1/4 mile from all building structures or the 
fireworks are fired from the shore of a lake or other large body of water and directed in 
such manner that the falling residue from the deflagration falls into the body of water; or 
to use under direct supervision of a local fire department. 
13. It makes a violation of restrictions on the use of consumer fireworks a civil 
violation for which a fine of not less than $50 and not more than $500 plus court costs 
may be adjudged. 
14. It states that the consumer fireworks of a licensee may be seized or removed at 
the licensee's expense if they are offered for sale, stored, possessed or used in violation of 
Title 8, section 223-A. 
15. It changes the safety information provision to disclosures to customers and 
clarifies that a person authorized to sell consumer fireworks shall provide the consumer 
with written guidelines describing safe and proper use of consumer fireworks. It also 
requires specific statements that the sale of consumer fireworks to persons under 21 years 
of age is prohibited be included in the guidelines. 
16. It moves and adds language to the subsection that prohibits the sale of fireworks 
to a person under 21 years of age or who appears to be under the influence of drugs or 
alcohol to a subsection governing prohibited acts. It adds that it is an affirmative defense 
to prosecution for a violation of the prohibition against selling fireworks to a person 
under 21 years of age that the licensee sold consumer fireworks to a person under 21 
years of age in reasonable reliance upon fraudulent proof of age presented by the 
purchaser. It adds that a person may not sell consumer fireworks in this State unless that 
person holds a valid license or is an employee or agent of a person that holds a valid 
license. 
17. It provides that a person who sells consumer fireworks without a valid license or 
furnishes consumer fireworks to a person under 21 years of age or a licensee who sells 
consumer fireworks to a person under 21 years of age or an intoxicated person commits a 
Class D crime. A fine of $500 or more is imposed if the violation involves furnishing 
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fireworks to a minor. A fme of $1,000 or more is imposed for a person who has been 
convicted of the same offense one or more times in the previous 6 years. 
18. It provides that a fine of between $200 and $400 may be imposed on a person 
under 21 years of age who purchases, uses or possesses consumer fireworks within the 
State or presents to a consumer fireworks licensee false or fraudulent evidence of age for 
the purpose of purchasing consumer fireworks. 
19. It provides that the Office of the State Fire Marshal shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over criminal justice and 
public safety matters regarding the sale and use of consumer fireworks, including 
fireworks-related injuries and fires, by March 1st of each year beginning in 2013. 
20. It provides that after December 31,2013, the Commissioner of Public Safety 
may adopt rules regarding consumer fireworks-related injuries reporting by health care 
providers. These rules are major substantive rules. 
21. 
It requires the Office of the State Fire Marshal to work with statewide 
associations representing hospitals and physicians to develop a method for health care 
providers to collect and report voluntarily to the Office of the State Fire Marshal data 
regarding injuries related to consumer fireworks. Data may include information on the 
age of the person treated and the type and severity of the injury, as well as the type of 
consumer firework involved in the injury if known. Personally identifying data may not 
be included in the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
" 
Approved: OS/26/11 ;t;yac:.. 
LD83 
LR 418(03) 
-An Act To Legalize the Sale, Possession and Use of Fireworks 
Fiscal Note for Bill as Amended by Committee Amendmen~" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Eliminates Class B, C, D and E crimes. 
Establishes new Class D crimes and civil violations. 
Insignificant impact on General Fund fine revenue. 
FY 2011-12 
$141,024 
$187,574 
$15,000 
$46,550 
$17,450 
FY 2012-13 
$27,015 
$145,718 
$15,000 
$118,703 
$21,248 
Projections 
FY 2013-14 
$29,034 
$150, III 
$15,000 
$121,077 
$21,372 
Projections 
FY 2014-15 
$31,140 
$154,638 
$15,000 
$123,498 
$21,500 
The collection of additional fines may also increase Other Special Revenue Funds revenue by minor amounts. 
Fiscal Detail and Notes 
This bill removes the prohibition on the sale and use of consumer fireworks subject to certain restrictions in the bill as 
amended, increasing General Fund revenue and increasing revenue sharing as a result of the additional sales tax 
collections. Other Special Revenue Funds revenue to the Department of Public Safety from the issuance of licenses to 
sell consumer fireworks is estimated to be $15,000 in fiscal year 2011-12 and thereafter. This estimate assumes 
issuance of 10 licenses in fiscal year 2011-12 and thereafter. The bill includes an Other Special Revenue Funds 
allocation in the amount of this estimated revenue for two Pllblic Safety Inspector II positions and related costs to the 
Department of Public Safety to inspect entities licensed to sell consumer fireworks. Since the estimated revenue from 
licenses does not cover the cost of the positions and related costs, the bill includes a General Fund appropriation to the 
Department of Public SafetY of$187,574 in fiscal year 2011-12 and $145,718 in fiscal year 2012-13. 
LR0418(03) - Fiscal Note - Page 1 of 1