Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 40 - Division of Fire Safety › Chapter 3 - Fireworks › Section 11 CSR 40-3.010 - Fireworks-Licensing, Permits, Sales, Inspection, and Penalties

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains the licensing/permit
				  process for the sales, discharge, possession and inspections associated with
				  consumer, display and proximate fireworks.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) The following definitions shall be used
				in interpreting this rule:
(A)
American Pyrotechnics Association (APA), Standard 87-1
(2004), PO Box 30438 Bethesda, MD 20824-0348; as incorporated
				  by reference is a standard for manufacturers, importers and distributors of
				  fireworks to assist them in accordance with applicable federal laws;
(B) Chemical composition, all
				pyrotechnic and explosive composition contained in fireworks devices as defined
				in
American Pyrotechnics Association (APA), Standard
				87-1;
(C) Consumer
				fireworks, explosive devices designed primarily to produce visible or audible
				effects by combustion and includes aerial devices and ground devices, all of
				which are classified as fireworks, UN0336, 1.4G by regulation of the United
				States Department of Transportation, Title 49 CFR (2003), 400 7th Street S.W,
				Washington, D.C. 20590, as incorporated by reference, and which were formerly
				classified as class C common fireworks by regulation of the United States
				Department of Transportation;
(D)
				Discharge site, the area immediately surrounding the fireworks mortars used for
				an outdoor fireworks display;
(E)
				Display site, the immediate area where a fireworks display is conducted,
				including the discharge site, the fallout area, and the required separation
				distance from mortars to spectator viewing areas, but not spectator viewing
				areas or vehicle parking areas;
(F)
				Display fireworks, explosive devices designed primarily to produce visible or
				audible effects by combustion, deflagration or detonation. This term includes
				devices containing more than two (2) grains (130 mg) of explosive composition
				intended for public display. These devices are classified as fireworks, UN0335,
				1.3G by regulation of the United States Department of Transportation, as
				amended from time-to-time, and which were formerly classified as class B
				display fireworks by regulation of the United States Department of
				Transportation;
(G) Distributor,
				any person engaged in the business of selling fireworks to wholesalers,
				jobbers, seasonal retailers, other persons, or governmental bodies that possess
				the necessary permits as specified in sections
				320.106 to
				320.161, RSMo
				including any person that imports any fireworks of any kind in any manner into
				the state of Missouri;
(H)
				Fireworks, any composition or device for producing a visible, audible, or both
				visible and audible effect by combustion, deflagration, or detonation and that
				meets the definition of consumer, proximate, or display fireworks as set forth
				by 49 CFR part 171 to end, United States Department of Transportation hazardous
				materials regulations, and
American Pyrotechnics Association, Standard
				87-1;
(I) Fireworks
				season, the period beginning on the twentieth day of June and continuing
				through the tenth day of July of the same year and the period beginning on the
				twentieth day of December and continuing through the second day of January of
				the next year, which shall be the only periods of time that seasonal retailers
				may be permitted to sell consumer fireworks;
(J) Illegal fireworks include fireworks whose
				explosive composition exceeds the limits for consumer fireworks or display
				fireworks, UN0336, 1.4G, UN0335, 1.3G and UN0431, 1.4G or UN0432, 1.4S by the
				United States Department of Transportation, and
American Pyrotechnics
				Association, Standard 87-1
including ground salutes commonly known as
				cherry bombs, M-80's, M-100's, M-1000's or other fireworks designated with an
				"M" prefix whose explosive composition exceeds the limits for consumer
				fireworks by the United States Department of Transportation;
(K) Jobber, any person engaged in the
				business of making sales of consumer fireworks at wholesale or retail, within
				the state of Missouri to nonlicensed buyers for use and distribution outside
				the state of Missouri during a calendar year from the first day of January
				through the thirty-first day of December;
(L) Licensed operator, any person who
				supervises, manages, or directs the discharge of outdoor display fireworks,
				either by manual or electrical means; who has met additional requirements
				established by promulgated rule and has successfully completed a display
				fireworks training course recognized and approved by the state fire
				marshal;
(M) Manufacturer, any
				person engaged in the making, manufacture, assembly or construction of
				fireworks of any kind within the state of Missouri;
(N) NFPA, National Fire Protection
				Association, Standards 101 (2003 edition) as used in setting standards for
				proximate fireworks; 1123 (2000 edition); 1124 (2003 edition) as used in
				setting standards for display and proximate fireworks; and 1126 (2001 edition),
				#1 Batterymarch Park, PO Box 9101, Quincy, MA 02269, as incorporated by
				reference; an international codes and standards organization;
(O) Permanent structure, buildings and
				structures with permanent foundations other than tents, stands, mobile homes,
				and trailers;
(P) Permit, the
				written authority of the state fire marshal issued pursuant to sections
				320.106 to
				320.161, RSMo,
				to sell, possess, manufacture, discharge, or distribute fireworks;
(Q) Person, any corporation, association,
				partnership or individual or group thereof;
(R) Proximate fireworks, a chemical mixture
				used in the entertainment industry to produce visible or audible effects by
				combustion, deflagration, or detonation, as defined by the most current edition
				of the
American Pyrotechnics Association (APA), Standard 87-1,
section 3.8, specific requirements for theatrical pyrotechnics;
(S) Pyrotechnic operator or special effects
				operator, an individual who has responsibility for pyrotechnic safety and who
				controls, initiates, or otherwise creates special effects for proximate
				fireworks and who has met additional requirements established by promulgated
				rules and has successfully completed a proximate fireworks training course
				recognized and approved by the state fire marshal;
(T) Sale, an exchange of articles of
				fireworks for money, including barter, exchange, gift or offer thereof, and
				each such transaction made by any person, whether as a principal proprietor,
				salesman, agent, association, copartnership or one or more
				individuals;
(U) Seasonal retailer,
				any person within the state of Missouri engaged in the business of making sales
				of consumer fireworks in Missouri only during a fireworks season as defined by
				subsection (I) of this section;
(V)
				Wholesaler, any person engaged in the business of making sales of consumer
				fireworks to any other person engaged in the business of making sales of
				consumer fireworks at retail within the state of Missouri.