Fireworks Law

Question 1

What does it mean to Advertise

Answer 1

an announcement publicly with any sign, card or notice, or by other means, on which appears a person’s name or business name style offering to sell or transfer fireworks or pyrotenchnic devices, or to cause a person’s name or business name to be included in any classified advertisement or directory for the purpose of sale or transfer of fireworks or pyrotechnic devices

Question 2

What are Agrictultural and wildlife fireworks

Answer 2

fireworks desgined and intedned by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the emplyment of sound or light, or both

Question 3

What are considered “Dangerous Fireworks”

Answer 3

a) any fireworks that contain the following
* arsenic sulfide, arsenates or arsenites
* Boron
* Chlorates (see exceptions card)

b) firecrackers
c) Skyrockets and rockets, including all devices which employ any combustible or explosive materal and which rise in the air during discharge
d) Roman candles, including all devices which discharge balls of fire into the air
e) chasers, including all devices which dart or travel about the surgace of the ground during discharge
f) sparkers more than 10 inches in length or one-fourth of one inch in diameter
g) all fireworks desgined and intended by the manufacturer to create the element of suprise upon the user. (include but not limited to, autofoolers, cigarette loads, exploding golf balls, and trick matches)
h) fireworks known as devil-on-the-walk, or any other fireworks which explodes through means of friction, unless otherwise classified by the state fire Marshal pursuant to this part
i) Torpedoes of all kinds which explode on inpact
j) fireworks kits
k) such other fireworks examined and tested by the state fire marshal and determined by him, with the advice of the state board of fire services to possess characteristics of design or construciton which make sure fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks

Question 4

Fireworks that contain Chlorates are considered “Dangerous Fireworks” except for the following

Answer 4

A) in colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included
B) in caps and party poppers
C) in those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate
D) Gallates or Gallic Acid
E) Magnesium (magnesium0aluminum alloys, called magnalium, are permitted)
F) Mercury Salts
G) Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers)
H) Picrates or picric acid
I) Thicyanates
J) Titanium, except in particle size greater than 100-mesh
K) Zirconium

Question 5

What is an Emergency Signaling Device

Answer 5

a pyrotechnic device desgined and intented by the manufacturer to be used as such and which provides a reasonable degree of safety to the user and does not create a fire hazard when used according tot he label of instructions

Question 6

What is an End Fuse

Answer 6

a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item

Question 7

What are “Exempt Fireworks”

Answer 7

any special item containing pyrotechnic compositions which the state fire marshal, with the advice of the state fire advisory board, has investigated and determined to be limited to industrial, commerical, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction

Question 8

What is an Exporter

Answer 8

any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state

Question 9

What is a fire nuisance

Answer 9

anything or nay act which increases, or may cuase an increase of, the hazard or menace of fire, or which may obstruct delay, hindrance, to the prevention or extinguishment of fire

Question 10

What are Fireworks

Answer 10

any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producin audible, visual, mechanical, or thermal effects which are usuful as pyrotechnic devices or for entertainment

includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo Bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits

Question 11

What are fireworks kits

Answer 11

any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of fireworks in section 12511

Question 12

What is an Importer

Answer 12

any person who for any purpose does any of the following:

a) brings fireworks into this state or causes fireworks to be brought into this state
b) procures the delivery or receives shipments of any fireworks into this state
c) buys or contracts to buy fireworks for shipment into this state

Question 13

What is Issuing Authority

Answer 13

any person who has the responsibility of evaluation the application for, and issuing, the permits required by section 12640

Question 14

What is Label of registration

Answer 14

the label of registration of the state fire marshal

Question 15

What is a license

Answer 15

any nontransferable authorization granted by the state fire marshal to engage in any activity regulated by this part

Question 16

What is a licensee

Answer 16

any person 21 years of age or older holding a fireworks license issued pursuant to chapter 5 (commencing with Section 12570)

Question 17

What is a manufacturer

Answer 17

any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person whoe assembles or fabricates any sets of mechanical pieces for public displays of fireworks, or person operating within the scope of public display or pyrotechnic operator licenses

Question 18

What is a model rocket

Answer 18

any toy or educational device which weighs not more than 500 grams, including the engine and any payload, that is propelled by model rocket engines

Question 19

What is a model rocket engine

Answer 19

a commerically manufactured, non-reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all the ingredients are self-contained so as not t require mixing or handling by the user and which have design and construciton characteristics determined by the state fire marshall to provide a reasonable degree of safety to the user

Question 20

What is a package

Answer 20

includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, or by any other means

Question 21

What is a permit

Answer 21

the nontransferable permission granted by the public agency having local jurisdiction to the licensee for the purposes of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used, or the nontransferable permission granted by the public agency having local jurisdiction or by the state fire marshal to a licensee for the purpose of transporting fireworks

Question 22

What is a person

Answer 22

any person, co-partnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authroized representatives

Question 23

What is a public display of fireworks

Answer 23

an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks

Question 24

What are pyrotechnic compositions

Answer 24

any combination of chemical elements or chemical compounds capable of burning indepenedently of the oxygen of the atmosphere

Question 25

What is a pyrotechnic device

Answer 25

any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed and intended to be useful for industrial, agricultural, personal safety, or educational purposes

includes, but is not limited to, agricultural and wildlife fireworks, model rockets, exempt fireworks, emergancy signaling devices, and special effects

Question 26

What is a pyrotechnic operator

Answer 26

any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by teh license granted

Question 27

What is a retailer

Answer 27

any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user

Question 28

What are safe and sane fireworks

Answer 28

any fireworks which do not come within the definition of “dangerous fireworks” or ‘exempt fireworks”

Question 29

What is a salesman

Answer 29

any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or permittee

Question 30

What does it mean to Sell

Answer 30

any arrangement between two or more persons as a rsulet of which there is a transfer of property for a consideration

Question 31

What are special effects

Answer 31

articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction

Question 32

What is a wholesaler

Answer 32

any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees

Question 33

What does it mean to be ‘Within this state”

Answer 33

within all territory within the boundaries of this state

Question 34

Fireworks previously classified as safe and sane

Answer 34

those fireworks classified by the state fire marshal as safe and sane prior to January 1, 1974 may continue to bear the designation and may be sold as safe and sane fireworks until 12 noon on July 6, 1974. All fireworks previously desginated as safe and sane which are offered for sale or sold during the 1974 retail license year and thereafter shall bear the state fire marshal label with the classification of safe and sane fireworks

Question 35

What is stamping and labeling

Answer 35

The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered within the state for sale or use within this state as dangerous fireworks.

Each package of safe and sane fireworks shall be marked as safe and sane fireworks and shall bear the state fire mashal’s classification label and licensee’s registration number

Question 36

What is the power to issue license

Answer 36

The state fire marshal may issue any licesnse described in this part, subject to the regulations which he may adopt not incosistent with the provisions of this part

Question 37

What is a Manufacturer’s license

Answer 37

allows the manufacture of fireworks and other pyrotechnic devices of all tpes and the sale and transport to licensed wholesalers in california only and the sale to special effects pyrotechnic operators of materials and evices for which such pyrotechnic operators hold a valid permit

Question 38

What is a wholesaler’s license

Answer 38

Allows the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed public display operators, and other licesnsed wholesalers in califronaia only and sale to special effects pyrotechnic operators holding a valid permit and sale of exempt fireworks to those industrial and commerical conerns that possess a valid permit from the local agency having jursdiction in the area where such fireworks are to be used or stored