An Act To Amend the Storage Requirements for Consumer Fireworks
Maine Legislature, Session 130, LD 0180
Committee: Criminal Justice and Public Safety
Sponsors: PERKINS
Amends: 8 MRSA §223-A

Legislative Document
No. 180
H.P. 133
House of Representatives, January 25, 2021
An Act To Amend the Storage Requirements for Consumer 
Fireworks
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Received by the Clerk of the House on January 21, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PERKINS of Oakland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §223-A, sub-§4, as enacted by PL 2011, c. 416, §5 and affected 
by §9, is amended to read:
4.  Storage and handling Building for sale of consumer fireworks.  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.  To the extent permitted by law 
and applicable regulations, consumer fireworks may be stored in a building by a person 
who has been issued a permit under subsection 4-B.
A.  The A building used for sale of consumer fireworks 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 A building used for the sale of consumer fireworks 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 a building used for the sale of consumer fireworks.
D.  A person under 21 years of age may not be admitted to the a building used for the 
sale of consumer fireworks unless accompanied by a parent or guardian.
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.
Sec. 2.  8 MRSA §223-A, sub-§4-A is enacted to read:
4-A.  Storage of consumer fireworks.  A person authorized to sell consumer fireworks 
under subsection 1 may store consumer fireworks in a permanent, fixed, stand-alone 
building or magazine. The storage building or magazine must be dedicated solely to the 
storage of consumer fireworks in accordance with this subsection.
A.  A building used for consumer fireworks storage 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.  A magazine used for consumer fireworks storage must comply with the 
requirements of National Fire Protection Association Standard 495, as adopted by the 
Office of the State Fire Marshal, relevant building codes, zoning ordinances and other 
municipal ordinances.
C.  A building used for consumer fireworks storage 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.
D.  Cigarettes, tobacco products or lighters or other flame-producing devices may not 
be permitted in a building used for consumer fireworks storage.
E.  A person under 21 years of age may not be admitted into a building used for 
consumer fireworks storage unless accompanied by a parent or guardian.
F.  Notwithstanding paragraph E, a person at least 18 years of age may be admitted into 
a building used for consumer fireworks storage for employment purposes if the person 
is under the direct supervision of a person 21 years of age or older.
Sec. 3.  8 MRSA §223-A, sub-§4-B is enacted to read:
4-B.  Permit to store consumer fireworks.  The commissioner may issue a permit to 
store consumer fireworks under subsection 4-A to an applicant who:
A.  Is 21 years of age or older;
B.  Possesses the permits required under subsection 1;
C.  Complies with the provisions of subsection 4-A; 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 term of a permit is one year from date of issuance.  The commissioner shall charge a 
fee of $125 for the initial permit issued to an applicant and $125 for each annual permit 
renewal.  A separate permit is required for each location at which an applicant seeks to 
store 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.
SUMMARY
This bill brings the laws governing the storage of consumer fireworks into conformity 
with a recent Maine court decision by authorizing the Office of the State Fire Marshal to 
regulate consumer fireworks storage by those authorized by law to sell consumer fireworks.