Zach27
01-10-2016, 06:19 AM
I wanted to let everyone know that an effort has been started on the PyroFan Forums that would legalize certain consumer fireworks in the State of New Jersey. I know Safe & Sane isn't ideal for most but we have to remember that New Jersey prohibits 1.4G fireworks for use by the general public and trained pyrotechnicians who are also banned from using 1.4G fireworks in NJ as well. It will be a tough fight but we have to start somewhere. I have already contacted the New Jersey Retail Association to see if they could support us.
If you want to join this effort please email me Zachharris27@yahoo.com
Here is the draft that I have written so far.
Here is my proposal to update General Statute Title 21 entitled EXPLOSVES AND FIREWORKS. This is not yet finished and if you want something else that looks better I can do it.
AN ACT concerning the current ban on certain consumer fireworks designated ''Legalize Certain Consumer Fireworks'' and supplementing Title 21:2:1 onward until 21:2-13
BE IT ENACTED by the Senate and General Assembly of the Stat of New Jersey:
1. This act shall be known and may be cited as the '' An Act To Legalize Certain Consumer Fireworks In New Jersey.''
2. The legislature finds and declares that:
a. The citizens of the State of New Jersey should have the right to purchase, possess and discharge certain consumer fireworks.
b. The current ban on certain consumer fireworks hasn't prevented residents of New Jersey from venturing out of state to purchase consumer fireworks and bring them back here to use, and is diverting valuable sales tax revenue, business development and licensing fees from the state.
c. The ban on consumer fireworks has not prevented firework related injuries.
d. Residents of the State of New Jersey should be able to celebrate the Fourth Of July, New Years Eve and other holidays with certain consumer fireworks.
e. The current ban on certain consumer fireworks has introduced a black market of unregulated professional grade fireworks in New Jersey.
3.
1. The people of the State of New Jersey find that they should be able to purchase, posses and discharge certain consumer fireworks and that the State of New Jersey should instead focus on promoting the safe use of certain consumer fireworks commonly known as but not limited to: wood/bamboo sparklers, fountains, ground spinners, trick noisemakers, snake and glow worms and toy smoke devices.
2. The State of New Jersey can now direct law enforcement agencies to prevent the use of fireworks that will be deemed illegal for use by the general public to discourage any future accident.
4.
As used in this act:
''Consumer fireworks'' means any small fireworks device designed primarily to produce visible effects by combustion or deflagration that is categorized as a 1,4G firework device under Standard 87.1 of the American Pyrotechnic Association and complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in Volume 16. parts 1500 and 1507 of the code of Federal Regulations.
''Display Fireworks'' means firework devices in a finished state, exclusive of mere ornamentation, primarily intended for commercial displays which are designed to produce visible and/or audible effects by combustion, deflagration or detonation, including, but not limited to: salutes containing more than 130 mg (2 grains) of explosive composition; aerial shells containing more than 40 g of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits contained in this Standard for consumer fireworks. Certain devices intended for signaling, illuminating, and incendiary purposes and formerly classed, as Special Fireworks no longer fall into this fireworks category.
''NFPA 1124'' means the 2006 edition of the code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnics Articles.
"Fireworks" means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.
"APA 87-1" means the American Pyrotechnics Association Standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
It shall be permissible for ''consumer fireworks to be possessed, transported, advertised, sold, handled and discharged within the State of New Jersey provided that they comply with this section. ''Consumer fireworks sold in New Jersey shall be defined in this article.
(1) Wire Sparkler/Dipped Stick These devices consist of a metal wire or wood dowel that has been coated with the pyrotechnic composition. Upon ignition of the tip of the device, a shower of spars is produced. Sparklers may contain up to 100 g of pyrotechnic composition per item.
(2) Flitter Sparkler Narrow paper tube attached to a stick or wire and filled with not more than 5 g of pyrotechnic composition that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function.
(3) Cylindrical Fountain Cylindrical tube containing not more than 75 g of pyrotechnic composition. 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 1 tube is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(4) Cone Fountain Cardboard or heavy paper cone containing not more than 50 g of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(5) Illuminating Torch Cylindrical tube containing not more than 100 g of pyrotechnic composition that produces a colored flame upon ignition. May be spike, base, or hand held. When more than 1 tube is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(6) Toy Smoke Device Small plastic or paper item containing not more than 100 g of pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.'
(7) Party Popper Small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device.) They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 mg (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of 72 devices.
(8) Snapper Small, paper-wrapped devices containing not more than 1.0 mg of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
(9) Snakes, Glow Worms Pressed pellets of pyrotechnic composition that contain 2 g or less of composition per article. Upon burning, they produce a snake-like ash that expands in length as the pellet burns. Chemical compositions vary, but typically contain ammonium perchlorate, nitrated pitch, asphaltum, and similar carbonaceous materials.
(10) Multiple tube ground sparkling devices may not exceed 500 g.
If you want to join this effort please email me Zachharris27@yahoo.com
Here is the draft that I have written so far.
Here is my proposal to update General Statute Title 21 entitled EXPLOSVES AND FIREWORKS. This is not yet finished and if you want something else that looks better I can do it.
AN ACT concerning the current ban on certain consumer fireworks designated ''Legalize Certain Consumer Fireworks'' and supplementing Title 21:2:1 onward until 21:2-13
BE IT ENACTED by the Senate and General Assembly of the Stat of New Jersey:
1. This act shall be known and may be cited as the '' An Act To Legalize Certain Consumer Fireworks In New Jersey.''
2. The legislature finds and declares that:
a. The citizens of the State of New Jersey should have the right to purchase, possess and discharge certain consumer fireworks.
b. The current ban on certain consumer fireworks hasn't prevented residents of New Jersey from venturing out of state to purchase consumer fireworks and bring them back here to use, and is diverting valuable sales tax revenue, business development and licensing fees from the state.
c. The ban on consumer fireworks has not prevented firework related injuries.
d. Residents of the State of New Jersey should be able to celebrate the Fourth Of July, New Years Eve and other holidays with certain consumer fireworks.
e. The current ban on certain consumer fireworks has introduced a black market of unregulated professional grade fireworks in New Jersey.
3.
1. The people of the State of New Jersey find that they should be able to purchase, posses and discharge certain consumer fireworks and that the State of New Jersey should instead focus on promoting the safe use of certain consumer fireworks commonly known as but not limited to: wood/bamboo sparklers, fountains, ground spinners, trick noisemakers, snake and glow worms and toy smoke devices.
2. The State of New Jersey can now direct law enforcement agencies to prevent the use of fireworks that will be deemed illegal for use by the general public to discourage any future accident.
4.
As used in this act:
''Consumer fireworks'' means any small fireworks device designed primarily to produce visible effects by combustion or deflagration that is categorized as a 1,4G firework device under Standard 87.1 of the American Pyrotechnic Association and complies with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in Volume 16. parts 1500 and 1507 of the code of Federal Regulations.
''Display Fireworks'' means firework devices in a finished state, exclusive of mere ornamentation, primarily intended for commercial displays which are designed to produce visible and/or audible effects by combustion, deflagration or detonation, including, but not limited to: salutes containing more than 130 mg (2 grains) of explosive composition; aerial shells containing more than 40 g of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits contained in this Standard for consumer fireworks. Certain devices intended for signaling, illuminating, and incendiary purposes and formerly classed, as Special Fireworks no longer fall into this fireworks category.
''NFPA 1124'' means the 2006 edition of the code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnics Articles.
"Fireworks" means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.
"APA 87-1" means the American Pyrotechnics Association Standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.
It shall be permissible for ''consumer fireworks to be possessed, transported, advertised, sold, handled and discharged within the State of New Jersey provided that they comply with this section. ''Consumer fireworks sold in New Jersey shall be defined in this article.
(1) Wire Sparkler/Dipped Stick These devices consist of a metal wire or wood dowel that has been coated with the pyrotechnic composition. Upon ignition of the tip of the device, a shower of spars is produced. Sparklers may contain up to 100 g of pyrotechnic composition per item.
(2) Flitter Sparkler Narrow paper tube attached to a stick or wire and filled with not more than 5 g of pyrotechnic composition that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function.
(3) Cylindrical Fountain Cylindrical tube containing not more than 75 g of pyrotechnic composition. 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 1 tube is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(4) Cone Fountain Cardboard or heavy paper cone containing not more than 50 g of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(5) Illuminating Torch Cylindrical tube containing not more than 100 g of pyrotechnic composition that produces a colored flame upon ignition. May be spike, base, or hand held. When more than 1 tube is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(6) Toy Smoke Device Small plastic or paper item containing not more than 100 g of pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.'
(7) Party Popper Small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device.) They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 mg (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of 72 devices.
(8) Snapper Small, paper-wrapped devices containing not more than 1.0 mg of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
(9) Snakes, Glow Worms Pressed pellets of pyrotechnic composition that contain 2 g or less of composition per article. Upon burning, they produce a snake-like ash that expands in length as the pellet burns. Chemical compositions vary, but typically contain ammonium perchlorate, nitrated pitch, asphaltum, and similar carbonaceous materials.
(10) Multiple tube ground sparkling devices may not exceed 500 g.