Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 265 - Consumer Fireworks Retail Seller Licensing and Wholesaler Registration › Rule 661-265.20 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to Division III.
"APA 87-1"
means the American Pyrotechnics
				Association Standard 87-1, as published in December 2001.
"Commercial fireworks"
means large firework
				devices that are explosive materials intended for use in firework displays and
				designed to produce visible or audible effects by combustion, deflagration, or
				detonation, as set forth in 27 CFR 555, 49 CFR 172, and APA Standard 87-1,
				Standard for the Construction and Approval for Transportation of Fireworks,
				Novelties, and Theatrical Pyrotechnics.
"Community group"
means a nonprofit entity
				that is open for membership to the general public and is exempt from federal
				income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or a
				fraternal benefit society, as that term is defined in Iowa Code section
				512B.3.
"Consumer fireworks"
means small firework
				devices containing restricted amounts of pyrotechnic composition, designed
				primarily to produce visible or audible effects by combustion, that comply with
				the construction, chemical composition, and labeling regulations of the U.S.
				Consumer Product Safety Commission (CPSC), as set forth in CPSC 16 CFR 1500 and
				1507, 49 CFR 172, and APA Standard 87-1, Standard for the Construction and
				Approval for Transportation of Fireworks, Novelties, and Theatrical
				Pyrotechnics.
"First-class consumer fireworks"
means the
				following consumer fireworks, as described in APA 87-1, chapter 3:
1. Aerial shell kits and reloadable tubes.
2. Chasers.
3. Helicopter and aerial spinners.
4. Firecrackers.
5. Mine and shell devices.
6. Missile-type rockets.
7. Roman candles.
8. Sky rockets and bottle rockets.
9. Multiple tube devices as described in this definition of
				first-class consumer fireworks that are manufactured in accordance with APA
				87-1, section
				3.5.
"NFPA 1124"
means the National Fire Protection
				Association (NFPA) Standard 1124, published in the Code for the Manufacture,
				Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
				Articles, 2006 edition.
"Retailer"
means the same as defined in Iowa
				Code section
				423.1.
"Second-class consumer fireworks"
means the
				following consumer fireworks, as described in APA 87-1, chapter 3:
1. Cone fountains.
2. Cylindrical fountains.
3. Flitter sparklers.
4. Ground and hand-held sparkling devices, including multiple
				tube ground and hand-held sparkling devices that are manufactured in accordance
				with APA 87-1, section
				3.5.
5. Ground spinners.
6. Illuminating torches.
7. Toy smoke devices that are not classified as novelties
				pursuant to APA 87-1, section
				3.2.
8. Wheels.
9. Wire or dipped sparklers that are not classified as
				novelties pursuant to APA 87-1, section
				3.2.
"Serious violation"
means any of the following
				activities occurring at a licensed retail location selling consumer
				fireworks:
1. Commission of a criminal offense, punishable by one year or
				more incarceration.
2. Selling consumer fireworks to a minor
3. Selling commercial fireworks.