0001| AN ACT | 0002| RELATING TO FIREWORKS; LIMITING THE SALE OR USE OF FIREWORKS UNDER | 0003| CERTAIN CIRCUMSTANCES; CHANGING DUTIES PERTAINING TO RECORDS; | 0004| DECLARING AN EMERGENCY. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 60-2C-1 NMSA 1978 (being Laws 1989, Chapter 346, Section 1) is | 0008| amended to read: | 0009| "60-2C-1. SHORT TITLE.--Chapter 60, Article 2C NMSA 1978 may be cited as the | 0010| "Fireworks Licensing and Safety Act"." | 0011| Section 2. Section 60-2C-2 NMSA 1978 (being Laws 1989, Chapter 346, Section 2, as | 0012| amended) is amended to read: | 0013| "60-2C-2. DEFINITIONS.--As used in the Fireworks Licensing and Safety Act: | 0014| A. "chaser" means a paper or cardboard tube venting out the fuse end of the tube | 0015| that contains no more than twenty grams of chemical composition and travels along the ground, | 0016| often producing a whistling effect or other noise; an explosive composition not to exceed fifty | 0017| milligrams may be included to produce a report; | 0018| B. "chemical composition" includes all pyrotechnic and explosive composition | 0019| contained in a fireworks device, but does not include inert materials such as clay used for plugs | 0020| or organic matter such as rice hulls used for density control; | 0021| C. "cone fountain" means a cardboard or heavy paper cone containing no more | 0022| than fifty grams of pyrotechnic composition that has the same effect as a cylindrical fountain; and | 0023| when more than one cone is mounted on a common base, total pyrotechnic composition shall not | 0024| exceed two hundred grams; | 0025| D. "crackling device" means a sphere or paper tube that contains no more than | 0001| twenty grams of pyrotechnic composition that produces a flash of light and a mild, audible | 0002| crackling effect upon ignition, which effect is not considered to be an explosion; crackling | 0003| devices are not subject to the fifty-milligram limit of firecrackers; | 0004| E. "cylindrical fountain" means a cylindrical tube containing not more than | 0005| seventy-five grams of pyrotechnic composition that produces a shower of colored sparks and | 0006| sometimes a whistling effect or smoke; the device may be provided with a spike for insertion into | 0007| the ground or a wood or plastic base for placing on the ground or a wood or cardboard handle to | 0008| be hand held; and when more than one tube is mounted on a common base, total pyrotechnic | 0009| composition shall not exceed two hundred grams; | 0010| F. "display distributor" means any person, firm or corporation selling display | 0011| fireworks; | 0012| G. "display fireworks" means devices primarily intended for commercial displays | 0013| that are designed to produce visible or audible effects by combustion, deflagration or detonation, | 0014| including salutes containing more than one hundred thirty milligrams of explosive composition; | 0015| aerial shells containing more than forty grams of chemical composition exclusive of lift charge; | 0016| and other exhibition display items that exceed the limits for permissible fireworks; | 0017| H. "distributor" means any person, firm or corporation selling fireworks to | 0018| wholesalers and retailers for resale; | 0019| I. "explosive composition" means any chemical compound or mixture, the | 0020| primary purpose of which is to function by explosion, producing an audible effect in a fireworks | 0021| device; | 0022| J. "firecracker" means a small, paper-wrapped or cardboard tube containing no | 0023| more than fifty milligrams of explosive composition that produces noise and a flash of light; | 0024| provided that firecrackers used in aerial devices may contain up to one hundred thirty milligrams | 0025| of explosive composition per report; | 0001| K. "fireworks" means devices intended to produce a visible or audible effect by | 0002| combustion, deflagration or detonation and are categorized as "permissible fireworks" or "display | 0003| fireworks"; | 0004| L. "flitter sparkler" means a narrow paper tube attached to a stick or wire and | 0005| filled with no more than five grams of pyrotechnic composition that produces color and sparks | 0006| upon ignition and the paper at one end of the tube is ignited to make the device function; | 0007| M. "ground spinner" means a small, rapidly spinning device containing no more | 0008| than twenty grams of pyrotechnic composition venting out an orifice usually on the side of the | 0009| tube that when ignited produces a shower of sparks and color; "ground spinner" is similar in | 0010| operation to wheel, but is intended to be placed flat on the ground and ignited; | 0011| N. "helicopter" or "aerial spinner" means a tube containing no more than twenty | 0012| grams of chemical composition with a propeller or blade attached that spins rapidly as it rises | 0013| into the air with a visible or audible effect sometimes produced at or near the height of flight; | 0014| O. "illuminating torch" means a cylindrical tube containing no more than one | 0015| hundred grams of pyrotechnic composition that produces a colored flame upon ignition and may | 0016| be spiked, based or hand held; and when more than one tube is mounted on a common base, total | 0017| pyrotechnic composition shall not exceed two hundred grams; | 0018| P. "manufacturer" means any person, firm or corporation engaged in the | 0019| manufacture of fireworks; | 0020| Q. "mine" or "shell" means a heavy cardboard or paper tube usually attached to a | 0021| wooden or plastic base and containing no more than forty grams of chemical composition plus | 0022| not more than twenty grams of lift charge per tube that individually expels pellets of pressed | 0023| pyrotechnic composition that burn with bright color in a star effect, or other devices propelled | 0024| into the air, and that contains components producing reports containing a maximum one hundred | 0025| thirty milligrams of explosive composition per report; a mine may contain more than one tube, | 0001| but the tubes must fire in sequence upon ignition of one external fuse and the total chemical | 0002| composition, including lift charges, of a multiple tube device shall not exceed two hundred | 0003| grams; | 0004| R. "missile-type rocket" means a device similar to a stick-type rocket in size, | 0005| composition and effect that uses fins rather than a stick for guidance and stability and that | 0006| contains no more than twenty grams of chemical composition; | 0007| S. "permissible fireworks" means fireworks legal for sale to and use in New | 0008| Mexico by the general public; | 0009| T. "pyrotechnic composition" means a chemical mixture that on burning and | 0010| without explosion produces visible or brilliant displays or bright lights or whistles or motion; | 0011| U. "retailer" means any person, firm or corporation purchasing fireworks for | 0012| resale to consumers; | 0013| V. "roman candle" means a heavy paper or cardboard tube containing no more | 0014| than twenty grams of chemical composition that individually expels pellets of pressed | 0015| pyrotechnic composition that burn with bright color in a star effect; | 0016| W. "specialty retailer" means any person, firm or corporation purchasing | 0017| permissible fireworks for year-round resale in permanent retail stores whose primary business is | 0018| tourism; | 0019| X. "stick-type rocket" means a cylindrical tube containing no more than twenty | 0020| grams of chemical composition with a wooden stick attached for guidance and stability that rises | 0021| into the air upon ignition and produces a burst of color or sound at or near the height of flight; | 0022| Y. "toy smoke device" means a small plastic or paper item containing no more | 0023| than one hundred grams of pyrotechnic composition that produces white or colored smoke as the | 0024| primary effect; | 0025| Z. "wheel" means a pyrotechnic device that is made to attach to a post or other | 0001| surface that revolves, producing a shower of color and sparks and sometimes a whistling effect, | 0002| and that may have one or more drivers, each of which contains no more than sixty grams of | 0003| pyrotechnic composition and the total wheel contains no more than two hundred grams total | 0004| pyrotechnic composition; and | 0005| AA. "wholesaler" means any person, firm or corporation purchasing fireworks for | 0006| resale to retailers." | 0007| Section 3. Section 60-2C-3 NMSA 1978 (being Laws 1989, Chapter 346, Section 3, as | 0008| amended) is amended to read: | 0009| "60-2C-3. LICENSE OR PERMIT REQUIRED FOR SALE OF | 0010| FIREWORKS--ADMINISTRATION--PERMITS AND LICENSES.-- | 0011| A. No person may sell, hold for sale, import, distribute or offer for sale, as | 0012| manufacturer, distributor, wholesaler or retailer, any fireworks in this state unless such person | 0013| has first obtained the appropriate license or permit. | 0014| B. The state fire marshal shall enforce the Fireworks Licensing and Safety Act. | 0015| All license applications shall be submitted to the office of the state fire marshal. All retailers | 0016| shall be required to purchase a retail fireworks permit for each retail location. The retail permit | 0017| may be purchased from any licensed manufacturer, distributor or wholesaler or from the state fire | 0018| marshal's office. Retail permits may be purchased at any time by the licensed manufacturer, | 0019| distributor or wholesaler in books of twenty permits per book from the state fire marshal. | 0020| Permits shall be numbered, and it shall be the responsibility of the licensed manufacturer, | 0021| distributor or wholesaler to keep records of the purchases of these permits and to submit these | 0022| records to the state fire marshal semi-annually on January 31 and July 31 of each year. Each | 0023| semi-annual report is to cover the preceding six-month period. Retail permits that are unsold | 0024| may be exchanged for new permits. | 0025| C. The state fire marshal shall appoint the deputies and employees required to | 0001| carry out the provisions of the Fireworks Licensing and Safety Act. The state fire marshal may | 0002| also appoint any commissioned law enforcement officer or duly appointed fire chief or his | 0003| designee with approval from the local governing body required to carry out the provisions of that | 0004| act. | 0005| D. The state fire board shall formulate, adopt, promulgate and amend or revise | 0006| rules and regulations for the safe handling of fireworks." | 0007| Section 4. Section 60-2C-4 NMSA 1978 (being Laws 1989, Chapter 346, Section 4, as | 0008| amended) is amended to read: | 0009| "60-2C-4. LICENSE AND PERMIT FEES.-- | 0010| A. An applicant for a license or permit under the Fireworks Licensing and Safety | 0011| Act shall pay to the state fire marshal's office the following fees, which shall not be refundable: | 0012| (1) manufacturer license . . . . . . $1,500; | 0013| (2) distributor license. . . . . . . 2,000; | 0014| (3) wholesaler license . . . . . . . 1,000; | 0015| (4) display distributor. . . . . . . 1,000; | 0016| (5) specialty retailer license . . . 750; or | 0017| (6) retailer permit. . . . . . . . . 100. | 0018| B. All licenses and permits shall be issued for one year beginning on February 1 | 0019| of each year. All licenses and permits shall be issued within thirty days from the date of receipt | 0020| of application, except that no application shall be processed during each holiday selling period in | 0021| which permissible fireworks may be sold. | 0022| C. Licenses issued under the Fireworks Licensing and Safety Act shall not be | 0023| restricted in number or limited to any person without cause. Municipalities and counties may | 0024| require licenses or permits and reasonable fees, not to exceed fifty dollars ($50.00), for the sale | 0025| of fireworks. | 0001| D. Permit and license fees paid to the state fire marshal's office shall be deposited | 0002| in the fire protection fund to be used by the state fire marshal to enforce and carry out the | 0003| provisions and purposes of the Fireworks Licensing and Safety Act." | 0004| Section 5. Section 60-2C-7 NMSA 1978 (being Laws 1989, Chapter 346, Section 7, as | 0005| amended) is amended to read: | 0006| "60-2C-7. PERMISSIBLE FIREWORKS.-- | 0007| A. Permissible fireworks are: | 0008| (1) ground and hand-held sparkling and smoke devices: | 0009| (a) cone fountains; | 0010| (b) crackling devices; | 0011| (c) cylindrical fountains; | 0012| (d) flitter sparklers; | 0013| (e) ground spinners; | 0014| (f) illuminating torches; | 0015| (g) toy smoke devices; and | 0016| (h) wheels; | 0017| (2) aerial devices: | 0018| (a) aerial spinners; | 0019| (b) helicopters; | 0020| (c) mines; | 0021| (d) missile-type rockets; and | 0022| (e) roman candles; | 0023| (f) shells; and | 0024| (g) stick-type rockets, except as provided in Subsection B of this | 0025| section; | 0001| (3) ground audible devices: | 0002| (a) chasers; and | 0003| (b) firecrackers. | 0004| B. Stick-type rockets having a tube less than a one-quarter-inch inside diameter | 0005| are not permissible fireworks. | 0006| C. A municipality or county shall not by ordinance regulate and prohibit the sale | 0007| or use of any permissible firework except aerial devices and ground audible devices." | 0008| Section 6. Section 60-2C-8 NMSA 1978 (being Laws 1989, Chapter 346, Section 8, as | 0009| amended) is amended to read: | 0010| "60-2C-8. RETAIL SALES OR STORAGE OF FIREWORKS--REGULATED | 0011| ACTIVITIES.-- | 0012| A. No fireworks may be sold at retail without a retail permit. The permit shall be | 0013| at the location where the retail sale takes place. | 0014| B. It is unlawful to offer for sale or to sell any fireworks to children under the age | 0015| of sixteen years or to any intoxicated person. | 0016| C. At all places where fireworks are stored, sold or displayed, the words "NO | 0017| SMOKING" shall be posted in letters at least four inches in height. Smoking, open flames and | 0018| any ignition source are prohibited within twenty-five feet of any fireworks stock. | 0019| D. No fireworks shall be stored, kept, sold or discharged within fifty feet of any | 0020| gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are | 0021| sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are | 0022| handled in sealed containers only. | 0023| E. All fireworks permittees and licensees shall keep and maintain upon the | 0024| premises a fire extinguisher bearing an underwriters laboratories incorporated rated capacity of at | 0025| least five-pound ABC per five hundred square feet of space used for fireworks sales or storage. | 0001| F. A sales clerk who is at least sixteen years of age shall be on duty to serve | 0002| consumers at the time of purchase or delivery. Permissible fireworks may be offered for sale | 0003| only at state-permitted or state-licensed retail locations. | 0004| G. No fireworks shall be discharged within one hundred fifty feet of any | 0005| fireworks retail sales location. | 0006| H. No fireworks shall be sold or used on state forest land. | 0007| I. No person shall ignite any fireworks within a motor vehicle or throw fireworks | 0008| from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or | 0009| at a motor vehicle or at or near any person or group of people. | 0010| J. Any fireworks devices that are readily accessible to handling by consumers or | 0011| purchasers in a retail sales location shall have their exposed fuses protected in a manner to | 0012| protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. If | 0013| the fuse is a thread-wrapped safety fuse which has been coated with a nonflammable coating, | 0014| only the outside end of the safety fuse shall be covered. If the fuse is not a safety fuse, then the | 0015| entire fuse shall be covered. | 0016| K. Permissible fireworks may be sold at retail between June 20 and July 6 of each | 0017| year and six days preceding and including new year's day and three days preceding and including | 0018| Chinese new year, the sixteenth of September and Cinco de Mayo of each year, except that | 0019| permissible fireworks may be sold all year in permanent retail stores whose primary business is | 0020| tourism." | 0021| Section 7. Section 60-2C-9 NMSA 1978 (being Laws 1989, Chapter 346, Section 9, as | 0022| amended) is amended to read: | 0023| "60-2C-9. DISPLAY FIREWORKS.--Except as provided in Section 9 of this act, | 0024| nothing in the Fireworks Licensing and Safety Act shall prohibit the display of display fireworks, | 0025| except that any individual, association, partnership, corporation, organization, county or | 0001| municipality shall secure a written permit from the governing body of the county or municipality | 0002| where the display is to be fired and the display fireworks shall be purchased from a distributor or | 0003| display distributor licensed by the state fire marshal and the bureau of alcohol, tobacco and | 0004| firearms at the United States department of the treasury." | 0005| Section 8. A new section of the Fireworks Licensing and Safety Act is enacted to read: | 0006| "NOVELTIES NOT FIREWORKS.--Novelties are not fireworks and are not subject to | 0007| the provisions of the Fireworks Licensing and Safety Act. For the purposes of this section, | 0008| "novelties" means devices containing small amounts of pyrotechnic or explosive composition | 0009| that produce limited visible or audible effects, including party poppers, snappers, snakes, | 0010| glowworms, sparklers or toy caps and devices intended to produce unique visual or audible | 0011| effects that contain sixteen milligrams or less of explosive composition and limited amounts of | 0012| other pyrotechnic composition, including cigarette loads, trick matches, explosive auto alarms | 0013| and other trick noisemakers." | 0014| Section 9. A new section of the Fireworks Licensing and Safety Act is enacted to read: | 0015| "EXTREME DROUGHT CONDITIONS--RESTRICTED SALE AND USE.-- | 0016| A. The state fire board may hold a hearing to determine if fireworks restrictions | 0017| should be imposed in all or a portion of the state affected by extreme drought conditions. The | 0018| findings of the state fire board shall be based on current drought indices published by the national | 0019| weather service and any other relevant information supplied by the U.S. forest service and the | 0020| U.S. department of agriculture. | 0021| B. Pursuant to any hearing under paragraph A of this section, the state fire board | 0022| shall issue a proclamation declaring an extreme drought condition in all or a portion of the state | 0023| if the board determines such conditions exist. The state fire board's proclamation: | 0024| (1) shall ban the sale and use of missile-type rockets, helicopters, aerial | 0025| spinners, stick-type rockets and ground audible devices within the affected drought area; | 0001| (2) shall give local governments the power to: | 0002| (a) limit the use within their jurisdictions of any fireworks not | 0003| listed in Paragraph (1) of this subsection to areas that are paved or barren or that have a readily | 0004| accessible source of water for use by the homeowner or the general public; and | 0005| (b) ban or restrict the sale or use of display fireworks; and | 0006| (3) may ban or restrict the use of any type of fireworks on state lands | 0007| within the affected drought area. | 0008| C. The state fire board's proclamation declaring an extreme drought condition | 0009| shall be issued before twenty days prior to any holiday for which fireworks may be sold. | 0010| D. Except as otherwise provided in this subsection, a proclamation shall be | 0011| effective for thirty days, and the state fire board may issue succeeding proclamations if extreme | 0012| drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day | 0013| period by the state fire board upon conducting an emergency hearing to determine if weather | 0014| conditions improve sufficiently to alleviate fire dangers." | 0015| Section 10. EMERGENCY.--It is necessary for the public peace, health and safety | 0016| that this act take effect immediately. |