An Act To Amend Maine Fireworks Laws To Include Flame Effects
Maine Legislature, Session 129, LD 1534
Committee: Criminal Justice and Public Safety
Sponsors: WARREN
Amends: 8 MRSA §221-A, 8 MRSA §227-A

Legislative Document
No. 1534
H.P. 1117
House of Representatives, April 9, 2019
An Act To Amend Maine Fireworks Laws To Include Flame Effects
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §221-A, sub-§3, as enacted by PL 1999, c. 671, §2, is amended 
to read:
3.  Display.  "Display" means an entertainment feature where the public or a private 
group is admitted or permitted to view the display or discharge of fireworks, flame effects 
or special effects.  "Display" includes a special effects display.
Sec. 2.  8 MRSA §227-A, sub-§1, as amended by PL 2003, c. 521, §1, is further 
amended to read:
1.  Permits; requirements.  A person may not conduct a display without a permit.  
The commissioner shall issue a permit to possess and conduct a fireworks or flame effects 
display to an applicant who:
A.  Applies in writing to the commissioner for a permit at least 20 days in advance of 
the proposed display;
B.  Applies on forms furnished by the department.  An application for a permit must 
include:
(1)  A certificate of public liability insurance in the amount of $1,000,000 to 
cover loss, damage or injuries to persons or property that might result from the 
display; and
(2)  A site plan for the proposed display depicting a diagram of the grounds or 
facilities at which or in which the display will be held.  The diagram must show 
points of discharge, fallout areas, any buildings or other structures in proximity to 
the display site and the location of any audience that may be present.  Distances 
of and distances between the points of discharge and any buildings or structures 
must be stated on the diagram; and
C.  Submits with the application fees set out in subsection 3.
Sec. 3.  8 MRSA §227-A, sub-§3, as amended by PL 2003, c. 521, §2, is further 
amended to read:
3.  Fees.  The fee for a permit is $30 per display and the fee for a site inspection is 
$111.  The fee for all monitored inspected indoor pyrotechnic and flame effects events 
that occur outside of normal business hours is $100.
Sec. 4.  8 MRSA §227-A, sub-§§4 and 5, as enacted by PL 2003, c. 452, Pt. C, 
§6 and affected by Pt. X, §2, are amended to read:
4.  Permits; violation.  A person may not conduct a fireworks or flame effects 
display in violation of the permit issued under subsection 1.
5.  Penalties.  The following penalties apply.
A.  A person who conducts a fireworks or flame effects display without a permit 
commits a Class D crime.
B.  A person who conducts a fireworks or flame effects display in violation of a 
permit issued under subsection 1 commits a Class E crime.
Sec. 5.  8 MRSA §227-A, sub-§7, as enacted by PL 2003, c. 521, §3, is amended 
to read:
7.  Indoor pyrotechnics and flame effects.  All indoor pyrotechnic and flame effects 
events must be monitored inspected by the State Fire Marshal or the State Fire Marshal's 
designee.
SUMMARY
This bill amends fireworks laws in the following ways:
1.  By adding the term "flame effects" to the definition of "display";
2.  By adding flame effects to the types of displays for which a permit must be 
obtained; and
3.  By removing the requirement that indoor pyrotechnic events be monitored by the 
State Fire Marshal or the State Fire Marshal's designee and instead requiring that indoor 
pyrotechnic and flame effects events be inspected by the State Fire Marshal or the State 
Fire Marshal's designee.