2023 New York Laws › EXC - Executive › Article 6-C - Office of Fire Prevention and Control › 156-H - Registration and Fees for Manufacturers, Distributors, Wholesalers, and Retailers of Sparkling Devices.

§  156-h.  Registration  and  fees  for  manufacturers,  distributors,
wholesalers, and retailers of sparkling devices. 1. Definitions. As used
in this section, the term:
(a) "Distributor" means any person or entity engaged in  the  business
of  selling  sparkling  devices  to  wholesalers,  specialty  retailers,
permanent retailers or temporary seasonal retailers for resale.
(b)  "Manufacturer"  means  any  person  or  entity  engaged  in   the
manufacture or construction of sparkling devices.
(c)  "Specialty  retailer"  means any person or entity who, at a fixed
place of business, is engaged solely in  selling  sparkling  devices  at
retail.  For  purposes  of  this  section, a person or entity is engaged
solely in selling sparkling devices if fifty-one percent or more of such
person's or entity's annual gross sales are from the sale  of  sparkling
devices.
(d)  "Permanent  retailer"  means any person or entity who, at a fixed
place of business, is engaged in selling sparkling devices at retail.
(e) "Sparkling devices" means any item defined in subparagraph (vi) of
paragraph (a) of subdivision one of section 270.00 of the penal law.
(f) "Temporary seasonal retailer" means any person or entity who, at a
temporary stand or tent, is engaged in selling  sparkling  devices  from
June twentieth through July fifth or from December tenth through January
second of each year at retail.
(g) "Wholesaler" means any person or entity engaged in the business of
selling sparkling devices to specialty retailers, permanent retailers or
temporary seasonal retailers at wholesale.
2.   Registration   requirements.   Any   manufacturer,   distributor,
wholesaler, specialty retailer, permanent retailer or temporary seasonal
retailer of sparkling devices who wishes to do business in this state or
to otherwise sell, ship, or assign for sale its products in  this  state
must register annually with the office of fire prevention and control on
forms  prescribed  by  such  office.  Any  specialty retailer, permanent
retailer or temporary seasonal retailer that sells sparkling devices  at
more  than  one retail location may submit one registration form for all
such locations but must provide the address of each  location  with  the
registration   form;   however,   any   retailer   may  submit  multiple
registration forms.
3. Registration form. The registration form filed with the  office  of
fire  prevention  and  control  must  be  notarized and must include the
following  information:  business  name;  address;   telephone   number;
officers, if the business is a corporation; and an individual designated
as a contact person.
4.  Fees. (a) Each manufacturer, distributor or wholesaler must pay an
annual registration fee to be set by the office of fire  prevention  and
control  not  to  exceed  five thousand dollars. Each specialty retailer
must pay an annual registration fee to be set  by  such  office  not  to
exceed  two thousand five hundred dollars. Each permanent retailer shall
pay an annual registration fee to be set by such office  not  to  exceed
two  hundred dollars for each retail location registered. Each temporary
seasonal retailer must pay a registration fee to be set by  such  office
not   to   exceed   two   hundred   fifty   dollars   per  season.  Each
certificate-holder wishing to have a duplicate  certificate  issued  for
one  which  is lost or to reflect a change of address shall request such
duplicate in writing and shall pay a fee of five dollars.
(b) Revenue from registration fee  payments  shall  be  used  for  the
purposes  of  implementing  firefighter  safety and training programs as
well as registration and testing provisions of this chapter.
(c) No city, municipality or other local jurisdiction shall charge any
fee or require any permit whatsoever for the sale and use  of  sparkling
devices.
5.  Record  and reports. Each manufacturer, distributor and wholesaler
shall maintain and make available to the state fire administrator,  upon
the  state  fire  administrator's reasonable request, full and complete,
true, and  accurate  records  showing  the  name  and  quantity  of  any
sparkling  device  produced  in,  imported to, exported from, or sold in
this state.
6.  Rules.  The  state  fire  administrator  shall  promulgate   rules
prescribing registration forms required by this section.