New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
sparkling devices
shall have the meaning ascribed to that term
				  by section 270.00 (1)(a)(vi)  of the Penal Law, and shall include
ground-based or hand-held devices
(as defined in paragraph (1)
				  of this subdivision) and
novelties
(as defined in paragraph
				  (2) of this subdivision). In addition, for purposes of this Chapter,
sparkling devices
shall be considered consumer fireworks
				  consistent with the 19 NYCRR Part 1219, Uniform Fire Prevention and Building
				  Code.
(1) Ground-based or hand-held devices.
				  The term
ground-based or hand-held devices
shall include the
				  category of devices described in section 270.00 (1)(a)(vi)(1)  of the Penal Law,
i.e.
: ground-based or hand-held devices that produce a shower
				  of white, gold, or colored sparks as their primary pyrotechnic effect.
				  Additional effects may include a colored flame, an audible crackling effect, an
				  audible whistle effect, and smoke. These devices do not rise into the air, do
				  not fire inserts or projectiles into the air, and do not explode or produce a
				  report (an audible crackling-type effect is not considered to be a report).
				  Ground-based or hand-held devices that produce a cloud of smoke as their sole
				  pyrotechnic effect are also included in this category. Specific types of
				  devices in this category include the following:
(i) Cylindrical fountain. Cylindrical tube
				  containing not more than 75 grams of pyrotechnic composition that may be
				  contained in a different shaped exterior such as a square, rectangle, cylinder
				  or other shape but the interior tubes are cylindrical in shape. Upon ignition,
				  a shower of colored sparks, and sometimes a whistling effect or smoke, is
				  produced. This device may be provided with a spike for insertion into the
				  ground (spike fountain), a wood or plastic base for placing on the ground (base
				  fountain), or a wood or cardboard handle to be hand held (handle fountain).
				  When more than one tube is mounted on a common base, total pyrotechnic
				  composition may not exceed 200 grams, and when tubes are securely attached to a
				  base and the tubes are separated from each other on the base by a distance of
				  at least half an inch (12.7 millimeters), a maximum total weight of 500 grams
				  of pyrotechnic composition shall be allowed.
(ii) Cone fountain. Cardboard or heavy paper
				  cone containing not more than 50 grams of pyrotechnic composition. The effect
				  is the same as that of a cylindrical fountain. When more than one cone is
				  mounted on a common base, total pyrotechnic composition may not exceed 200
				  grams.
(iii) Wooden sparkler/dipped
				  stick. These devices consist of a wood dowel that has been coated with
				  pyrotechnic composition. Upon ignition of the tip of the device, a shower of
				  sparks is produced. Sparklers may contain up to 100 grams of pyrotechnic
				  composition per item.