Safe & sane go"s legal in ny!

[Dion]

Bill was signed legalizing safe & sane in NY!!!!!!!

[displayfireworks1]

Come now you got to work the post a little with some links or something.

[jknepp1954]

Truth is - it happened! From our ex. director of fireworks n Harrisburg

Governor Cuomo today announced he has approved or vetoed the following bills:
A.4362-C Morelle (MS) -- Relates to offenses relating to possession or sale of fireworks, sparkling devices and ammunition
Same as S.4529-D NOZZOLIO

Nov 21, 2014: APPROVAL MEMO.12
Nov 21, 2014: SIGNED CHAP.477
Nov 10, 2014: DELIVERED TO GOVERNOR
Jun 19, 2014: returned to senate
Jun 19, 2014: passed assembly
Jun 19, 2014: ordered to third reading rules cal.583
Jun 19, 2014: substituted for a10141
Jun 19, 2014: referred to ways and means
Jun 19, 2014: DELIVERED TO ASSEMBLY
Jun 19, 2014: PASSED SENATE
Jun 19, 2014: ORDERED TO THIRD READING CAL.1632
Jun 16, 2014: REFERRED TO RULES
TITLE OF BILL: An act to amend the penal law, the executive law and the general business law, in relation to fireworks, dangerous fireworks and sparkling devices; and to repeal certain provisions of the penal law relating thereto

PURPOSE: This bill is intended to modernize the statute dealing with illegal fireworks, provide additional definitions of what constitutes fireworks and dangerous fireworks and take certain novelty devices, which are not recognized as fireworks by the federal government out of the definition of fireworks.

SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions 1, 2 and 3 of section 270.00 of the penal law to remove from its definition of "Fireworks" and "Dangerous Fireworks" sparkling devices, novelties, toy caps, and similar devices as defined by APA Standard 87-1,2001 edition. Additionally this section provides definitions for "display fireworks", "articles pyrotechnic" and "special effects", all of which are included under the definition of "Fireworks." It also removes flares, sparkling devices and other novelties from the terms "fireworks" and "dangerous fireworks." The definitions of "fireworks" and "dangerous fireworks" remain unchanged and include sparkling devices in cities with a population of one million or more. Subdivision 2 creates the crime of unlawful sale of dangerous fireworks to a minor is amended to include the sale of fireworks, sparkling devices and novelties.

EXISTING LAW: Section 270.00 of the penal law was derived from section 1844a of the Penal Law of 1909 which was enacted into law in 1940. In 1997 certain fireworks were reclassified as "dangerous fireworks". These fireworks are capable of causing serious physical injury and include torpedoes, skyrockets, Roman candles and bombs. Current law penalizes as a violation the possession or use of fireworks or dangerous fireworks, and penalizes as a class B misdemeanor the sale of fireworks or dangerous fireworks. Any person who sells fireworks or dangerous fireworks valued at $500 or more, or who sells dangerous fireworks to a minor, is guilty of a class A misdemeanor. Finally, any person who has previously been convicted of the sale of dangerous fireworks within the past five years is guilty of a class E felony.

JUSTIFICATION: The current law has not been used effectively in part because of poor definitions, Courts have thrown out indictments because of poor definitions of the term fireworks, This bill strengthens those definitions. In addition very few arrests and convictions have been obtained under the current statute. Since 1956, 63 convictions have been obtained Statewide. In 1999 and 2000 only five convictions were obtained.

By modernizing the statute and clearly defining fireworks, dangerous fireworks and novelty devices, the bill will provide law enforcement

with an important tool in reducing the use of illegal fireworks and homemade devices and encouraging the use of safe and legally regulated novelty devices. The amendments provide for technical changes to the definitions of "explosive composition" and "pyrotechnic composition," They also update the current definition of sparkler's as either wood stick or wire, and define handheld or ground based sparkling devices (also known as cone or cylindrical fountain sparklers) as a separate category of fireworks.

The Consumer Products Safety Commission (CPSC) has outlawed sparklers containing magnesium therefore the old definition is replaced by a definition of these devices based upon the weight of the pyrotechnic composition as used by both the CPSC and the United States Department of Transportation, Explosive or aerial sparkling devices are added to the list of dangerous fireworks and the provision making sparklers more than ten inches in length or one-fourth of an inch in diameter is deleted, as these sparklers would now be judged by weight of pyrotechnic composition, not length or size.

Sparklers would still be defined as fireworks and still be banned with out an appropriate permit, assuming the weight requirement was met. To meet the concerns of the City of New York, the definition of novelty devices is subdivided into four separate categories and all novelty devices would still be deemed fireworks and prohibited by this legislation in cities with a population in excess of one million. In other areas of the state, possession and sale of these items would be permitted. A second category would include handheld and around based sparkling devices which are nonexplosive and non-aerial and which contain small amounts of pyrotechnic composition. This amended bill would permit these items to be possessed and sold in New York State. As mentioned above, in cities with a population of one million or more these items would continue to be deemed "fireworks" and prohibited in such city by the provisions of this amendment. A third category would include toy pistols and toy caps which currently are not considered fireworks under the Penal Law. The last category of novelty devices includes trick noisemakers, including party poppers, snappers and drop pops containing very small amounts of explosive composition. It is believed these items, very similar to toy cap guns, are not covered by the current statute and their legal status statewide needs to be clarified. The amendment prohibits the sale of sparkling devices to minor under the age of eighteen. Pursuant to the amendments, a repeat sale to a minor of these items subjects the offender to felony prosecution.

LEGISLATIVE HISTORY: S4529D of 2011-2012 - passed assembly; passed senate; vetoed (memo 59)

FISCAL IMPLICATIONS: To be determined. There will be considerable revenue from state sales tax.

LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues. There will be greater law enforcement efficiency due to clearer definitions of terms.

EFFECTIVE DATE: This act shall take effect on the 30th day after it shall have become law.

[PGH_Pyro]

the state of N.Y. emerges a little bit more from the dark ages . congrats to N.Y. pyro people .

[PyroManiacs]

Wow!

Congrats NY!

[pistolus]

It would be nice if New Jersey followed suit, but I don't see that happening anytime soon. Just give us fountains!! That's all I ask, lol.

[NWPA]

If I was asked to guess which state just legalized safe and sane fireworks I don't think New York would come to mind.

[Pyro Nation]

Awesome!!!!!

[magnetic pyro]

So it will be legal in Ny state then you have to go by local jurisdiction i doubt Nyc would approve that

[jamietje]

So you need a permit for sparklers?
then what can you buy

[Westpapyro]

Link to law if want to read,
http://assembly.state.ny.us/leg/?default_fld=&bn=S07888&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y

[jamietje]

thats way to much text,
can someone explain in short what it changes cause all i understand is you need a permit for sparklers.
what will you be allowed to buy?

i saw a part about 50mg crackers so those are also allowed then?
I understand party poppers, cone fountains are also allowed including the sparklers

[jamietje]

Cant edit my post lol.
Oki so i think i understand it.

They may do sparklers, party poppers and fountains.
A section refers to ground blossoms not sure if those are allowed also.

[magnetic pyro]

i went to the gas station down the road from my house and they had Tanks for sale

[fanfireworks]

The law goes into effect on or around Dec 21 BUT you need to be registered with the state to sell and as of right now no information is available on registering or the fee to register.

Form wht I read and can find out it only allows wooden stick sparklers, fountains, and novelties such as snaps, poppers, snakes ( snaps, and party poppers which had been being sold in NY stores for years now) it does not, from what I see allow ground spinners or wheels.





SYRACUSE, N.Y. -- Don't make any plans to celebrate*this holiday season with sparklers

Yes, Gov. Andrew Cuomo last week finally signed into law a bill allowing sparklers, party poppers, cone fountains and other novelty items to be sold, possessed and lit up like Christmas trees in New York state.

But,*this being state law, there's a catch. Local governments must also approve the sale and use of sparklers before people can legally stuff stockings or decorate birthday cakes with the fiery sticks, according to counsel from the office of Sen. Michael Nozzolio, a key proponent of the legislation.

So while it's possible that villages, cities, towns and/or counties could rush sparkler legislation onto their agendas in December, it seems a hard deadline to meet.

Until local governments give their stamps of approval and sellers are issued state permits, no one can legally sell the sparklers inside New York, according to Nozzolio's office.

Think you can legally head to another fireworks-friendly state to stock up in the meantime? Think again. Importing sparklers for your New Year's Eve celebration remains illegal for ringing in 2015 -- unless your local council acts soon.

"Surely, if our county legislatures opt in, they should be fine for Fourth of July," said*
Assemblywoman Donna Lupardo, D-Binghamton, another proponent of the change.

If localities opt in, then sparklers may be sold by state-permitted sellers only around Christmas, New Year's and*July 4*of each year. The law allows for larger local governments -- like Onondaga County -- to opt in for the entire jurisdiction.

The law officially goes into effect 30 days from when Cuomo signed it, which was Friday, Lupardo said today. The law allows for localities to opt in during that 30-day window, according to Nozzolio's office.

[Ryan1026]

Seems like a lot of red tape, but still promising. I just hope NJ and other nearby states consider the same. I like the big stuff, but seeing firework tents/stores selling S-n-S would be awesome. Something at least....
(Fingers crossed)

[chriskrc]

There is still some work to do but hopefully we can get it all accomplished. Here's a question for the future ( hopefully short future ). I understand a bit about the Pennsylvania law and what do you think the chances are that we can amend our law to mimic Pennsylvania law? I know this will take some time and I have been working hard to help get this accomplished and would like to see this go further. Now another question is do you think it will be easier to get a type 54 with some type of fireworks legal? I truly only ask this for the fact of having the possibility to shoot aerials, not necessarily 1.3 product.

[jknepp1954]

Cris - Pa S&S law went thru some changes in 2004 - but not to make things better for the consumer, but rather just get rid of some ancient language that gave dealers a royal headache and misinterpreted areas over the years. And to bring up to speed Language for the 21st century. And of course to make the state revenue.
And it also brought in NEW language that made NEW MISINTERPRETTED areas! LOL
If you wish to call me or pm me for more details - you may. Kind of hard to spell it all out in an open forum and typewriter like this.... or at least for me it is anyway.
Our state has a permitting process (still the same as it was back in 1939 when law was written - ugh!)

[chriskrc]

I will definitely be in touch jknepp, all the correct information I can get will help our cause you may say. I purchase almost all products from Pennsylvania and having the ability to at least get the opportunity to do what you guys are able to is a luxury we would like to have in N.Y.

[rcerone1979]

Any city with more than 1 million people is exempt from the new law change.

[rcerone1979]

An established business the fee is $200.00, a tent or stand that is seasonal will be $250 registration fee. The applications will have to be filed with the state Fire Marshall. Safe and sane is not true. Limited safe and sane. No firecrackers, or any device that makes a report or bang is still prohibited. Cones, Fountains, Sparklers some novelties only tanks with stars is good as long as there is no report or bang. Cities like Buffalo, New York City or an city with more than 1 million population will still be banned. County Jurisdiction will either opt in or opt out to allow the sale of such devices in there counties. The State Troopers will have a list of such counties by mid May. Selling period's will be December 26th-January 1st and June 1 - July 4th only. The USE of the devices is NOT restricted by county only the sale. Exceptions cities with 1 million people or more. No permit to use such devices on to sell.

[chriskrc]

I am still trying to get a hold of my county legislators and see where they stand on the opt-in/opt-out issues of the law. I have heard nothing yet but Saratoga county has done more which is a good thing for me as well. My in-laws have a camp on a lake there and we shoot there a lot in the summer, so does everyone else on the lake. So at least I know they are having more consideration for it and so far it's been very positive.

[chriskrc]

Good news Essex county is the first in N.Y. to opt-in and file the paperwork with the state. I don't have a good link but its true they are the first. Now hopefully more will follow quickly.

[Wholesale Fireworks]

I have been in contact with the NY State Fire Marshals office and the email I received on March 11th stated that they will have the licensing information and applications available soon. This is the link I have been given by our contact there. Just keep checking in.
http://www.dhses.ny.gov/ofpc/news/sparklingdevices.cfm

[PGH_Pyro]

so, the N.Y. thing *does* allow bigger 500-gram fountains ,,, good .
love to sit back and watch a big 500 gram fountain do its thing .
:o

[Fire Art]

so, the N.Y. thing *does* allow bigger 500-gram fountains ,,, good .
love to sit back and watch a big 500 gram fountain do its thing .
:o

And you don't have to drive to NY to do it! LOL

[PGH_Pyro]

yeah, isn't that great ?!
:D

[chriskrc]

Hey it's a start right. It looks like Saratoga county is opting in to the law just like Essex county has. Going in the right direction at least.

[Fire Art]

Definitely!

[Joe S]

I am personally working with 2 local counties up here to Opt in. Oneida and Herkimer, I own a local company that will sell these safe and sane devices. My family was previously in the display business since 1947 American Fireworks Mfg. Co. Inc based in Utica NY. MY company is Speciale Fireworks Inc., as things move around up here I will try and keep you guys informed.

[Pyro Nation]

Awesome..thanks for letting us Know Joe....

[fanfireworks]

Recently found out that the NYState Department of State has also published rules on selling. One that catches my attention is that items must be displayd so that customers can not touch or handle them untill they purchase them. If this is enforced it can be both good and bad. On the good side, most stores wont sell products if they need to keep everything behind a counter so that could mean mlre business for tents On the bad side I have to re configured the way I planed to set up tents and the layout. Here is a link to NYS DOS regulations
http://www.dos.ny.gov/dcea/pdf/Sparkler_Text20150105.pdf

[Joe S]

Recently found out that the NYState Department of State has also published rules on selling. One that catches my attention is that items must be displayd so that customers can not touch or handle them untill they purchase them. If this is enforced it can be both good and bad. On the good side, most stores wont sell products if they need to keep everything behind a counter so that could mean mlre business for tents On the bad side I have to re configured the way I planed to set up tents and the layout. Here is a link to NYS DOS regulations
http://www.dos.ny.gov/dcea/pdf/Sparkler_Text20150105.pdf

Also if they go by NFPA 1124 consumer fireworks cannot be sold in a retail facility that also sells pesticides ( ie walmart, target etc ) in speaking to the NYS Chief in charge of this new regulation...he told me most people he talked to were in the wholesale camp where they would sell to large stores and let them sell it ( most likely TNT ) , i asked him about the part in the NFPA 1124 concerning pesticides and he said he knew there was something in there about it, but didnt answer me about what they were going to do about that given he just specifically mentioned Walmart. My question is the state going to enforce the rules or not, it seems as though there are many conflicts right now and no one is taking a definitive stand on any issue that isnt clear cut.

Here are some questions: Are they going to have you get a Possessors License? What about storage? In the (off season) ATF doesnt regulate 1.4, will NYS now set its own regulations? Right now if you get a permit to be a seasonal retailer its good for 30 days prior and post selling season..what happens after that? It would have seemed a License to sell along with proper storage similar to class b a little looser would have been the way to go, then apply for a permit where you want to sell them.

[Wholesale Fireworks]

http://www.dhses.ny.gov/ofpc/news/sparklingdevices.cfm

Licensing information is now active

[Joe S]

http://www.dhses.ny.gov/ofpc/news/sparklingdevices.cfm

Licensing information is now active

Nice i just need my local counties to opt in next week.

[jknepp1954]

Also if they go by NFPA 1124 consumer fireworks cannot be sold in a retail facility that also sells pesticides ( ie walmart, target etc ) in speaking to the NYS Chief in charge of this new regulation...he told me most people he talked to were in the wholesale camp where they would sell to large stores and let them sell it ( most likely TNT ) , i asked him about the part in the NFPA 1124 concerning pesticides and he said he knew there was something in there about it, but didnt answer me about what they were going to do about that given he just specifically mentioned Walmart. My question is the state going to enforce the rules or not, it seems as though there are many conflicts right now and no one is taking a definitive stand on any issue that isnt clear cut.

Here are some questions: Are they going to have you get a Possessors License? What about storage? In the (off season) ATF doesnt regulate 1.4, will NYS now set its own regulations? Right now if you get a permit to be a seasonal retailer its good for 30 days prior and post selling season..what happens after that? It would have seemed a License to sell along with proper storage similar to class b a little looser would have been the way to go, then apply for a permit where you want to sell them.
I think NYS already has 1.4g storage requirements in place. Good point though - not sure what they will do about that. I have only seen 1 storage 1.4 unit = it was a cement block garage - but on the fireworks biz property behind his house.
Someone else from NY will have to answer that. I just know what i seen and was told 15 yr ago

[Joe S]

Yeah they do, at our company site they were the only ones to look at the 1.4, ATF didnt care. I have an approved 1.4 magazine..my question i guess is what are they doing for everyone else? I asked them that...they had no clue..told me since they are reclassified now its not the same.

[jknepp1954]

Joe - good point on that as well. Does NY have some sort of STate association of fireworks companies? If they do - your head folks in that assoc. should be asking you DOL board about that - i think that is who has jurisdiction over fireworks - right? Or did it switch with the new laws? With S&S being legal - my own thoughts is that it would throw all the old crap about storage out - or at least that is what i would like to think.
Sounds like "make your own rules and we shall see" deal - and that sucks - who want to be harassed by the cops and other AHJ folks who know even less than you do?
Good luck to you all up there!

[Zach27]

Recently found out that the NYState Department of State has also published rules on selling. One that catches my attention is that items must be displayd so that customers can not touch or handle them untill they purchase them. If this is enforced it can be both good and bad. On the good side, most stores wont sell products if they need to keep everything behind a counter so that could mean mlre business for tents On the bad side I have to re configured the way I planed to set up tents and the layout. Here is a link to NYS DOS regulations
http://www.dos.ny.gov/dcea/pdf/Sparkler_Text20150105.pdf

If that is the case I don't see Target and or Walmart being able to sell fireworks. Texas and Oklahoma are like that but they basically allow the full line of 1.4G fireworks.

[Joe S]

If that is the case I don't see Target and or Walmart being able to sell fireworks. Texas and Oklahoma are like that but they basically allow the full line of 1.4G fireworks.

And selling season is basically June 1- July 5 the way the permit reads it seems as though you need to specify which of the 2 periods you wish to sell in , I am wondering if you decide both if you need to reapply for the 2 nd period.

[chriskrc]

I have been reading your comments about selling fireworks and you guy's make some good points. Truly if a stand is operated by someone in one selling period but is not there for the next that might not be a good thing. Especially if you ( the consumer ) have a great experience the first, you are going to want to return to the same place.
Well a lot of counties are opting in to this law and things are looking up for us hopefully its not to much confusion for you the retailer.

[Joe S]

Oneida county (where I live, pay taxes, spend $ and operate my business) has not Opted into the law, sad state of affairs up here in NY.

[Joe S]

Herkimer County is now LEGAL...any of you pyrotalk community members interested in running a stand ( in Herkimer County or any County that has Opted in) as an independent contractor though us please contact me.

[Zach27]

I live down here in North Carolina and have been helping New York by emailing legislators throughout the state and a legislator in St. Lawrence County says a vote on legalization should be held tomorrow. He had no idea fireworks were illegal In his county until I mentioned it to him.

[Pyro Nation]

WOW... crazy how blind I guess you would say he was not knowing..but good he knows... Good Job Zach

[Joe S]

WOW... crazy how blind I guess you would say he was not knowing..but good he knows... Good Job Zach

You also wouldnt realize how many never read the bill that was sent to each county, and how many ignored the various letters etc in support of this legislation. Also the fact that its safe and sane fireworks. There is nothing against going across the county border to buy and bring back to your county either, they apparently don't get the idea that if you don't opt in and your neighbors do you will end up doing any enforcement/regulation for free.

[Wholesale Fireworks]

my list of LEGAL counties:

Niagara - Cattaraugus- Chemung - Herkimer - Essex - Warren - Saratoga - Washington - Orange - Putnam - West Chester - These are all the counties I know of.

Can anyone help me out and add to this list ?
we are doing our best to learn all the ins and outs of this law. If you have read the whole law you know it is definatelty not a one and done thing. I read it ever few days and learn something new each time.
Thanks for all the previous input it has been a big help

[chriskrc]

There is know 20 or 21 counties that have opted in to the law. That's one third of ny counties. This is great.

[displayfireworks1]

https://www.youtube.com/watch?v=OBE2OXKq1nU

[chriskrc]

Nice. Now that's a news story I don't mind seeing about fireworks. Plus it's about the sales of fireworks in N.Y. Thank you for posting this video Dave.

[jknepp1954]

I got an email this am from a reliable sourse - this also includes ALL of the counties thus far that has opted in:

BIG FLATS, N.Y. -- This summer, fireworks will finally have a chance to light up New York.
"You've got a lot of people that go to the lake here and spend their summers or the weekend at the lake, you've got a lot of people who have backyard barbeques and parties," Bobby K Entertainment President Bob Kramarik said. "This just adds another dimension to the fun."
However, not all residents are getting invited to the party. The state law allowing non-exploding fireworks requires counties to opt-in.
"If you're county has not accepted the law, if they have not opted-in, then you cannot use fireworks there," Kramarik said. "You cannot buy them or use them."
Some counties around the area, including Broome, Onondaga, Tompkins, and Tioga, have not opted in. Kramarik sees the benefits for counties that have.
"New York states decided this is a lot safer than the other type of fireworks, so rather than fight people bringing them in illegally, now you can buy them legally and you can use them legally as long as you're 18 or older," he said.
Kramarik hopes the law lights the fuse for a better Fourth of July. The sparklers and fountains won't bring any explosions, but they can still bring the fun.
"There's a ton of variety and it's all very cool," Kramarik said. "Variety is the spice of life as they say, and so with little children and with families this is the kind of stuff you want to do."
Residents in the following counties will be able to buy and use the fireworks now through July 5.
• Essex County, effective March 9, 2015;
• Chemung County, effective March 31, 2015
• Washington County, effective March 31, 2015;
• Saratoga County, effective April 6, 2015;
• Cattaraugus County, effective April 10, 2015;
• Herkimer County, effective April 10, 2015;
• Orange County, effective April 10, 2015;
• Madison County, effective April 20, 2015;
• Yates County, effective April 20, 2015;
• Schuyler County, effective April 21, 2015;
• Fulton County, effective April 24, 2015;
• Warren County, effective April 29, 2015;
• Putnam County, effective May 6, 2015;
• Allegany County, effective May 9, 2015;
• Niagara County, effective May 12, 2015;
• Lewis County, effective May 15, 2015;
• Dutchess County, effective May 18, 2015;
• Montgomery County, effective May 18, 2015;
• Franklin County, effective May 19, 2015;
• Rensselaer County, effective May 19, 2015;
• Wayne County, effective May 27, 2015;
• Ulster County, effective May 27, 2015.

[displayfireworks1]

Look at 1:51 do you see the wfboom Mid Summer Dream chick. LOL
.
http://store.wfboom.com/images/products/preview/19533.png
.
She left Ray to go work for this guy. LOL
.

https://www.youtube.com/watch?v=OBE2OXKq1nU

[Engalwood]

Nice!!!! Glad to see this

[Dion]

Look at 1:51 do you see the wfboom Mid Summer Dream chick. LOL
.
http://store.wfboom.com/images/products/preview/19533.png
.
She left Ray to go work for this guy. LOL
.

https://www.youtube.com/watch?v=OBE2OXKq1nU

She sure gets around! LOL!!

[chriskrc]

Well we have a minor problem, a home in Washington county has fire damage because the people didn't make sure the fountains were fully extinguished. They just threw them into a garbage can without soaking them in water first and making sure they were fully extinguished. Hopefully it doesn't set us back any from the counties that haven't opted in yet but firefighters are already using this to try and change things already.

[PyroManiacs]

Well we have a minor problem, a home in Washington county has fire damage because the people didn't make sure the fountains were fully extinguished. They just threw them into a garbage can without soaking them in water first and making sure they were fully extinguished. Hopefully it doesn't set us back any from the counties that haven't opted in yet but firefighters are already using this to try and change things already.

Oh man!

And yea Ive been hearing that chick is a real firecracker!

[chriskrc]

Cayuga county has just passed the legislation and opted in. This now makes 36 County.

[ilovecrackle]

Cayuga county has just passed the legislation and opted in. This now makes 36 County.

Awesome! That is great news!

[Wholesale Fireworks]

As of Today this is the official list of counties in New York That have opted in
this list is published and maintained by the New York State Police and this is the link
https://www.troopers.ny.gov/Publications/Crime_Prevention/fireworks_law_changes.pdf

[chriskrc]

Going to check this out for sure but the local news this morning said that Albany County has opted into the law.