§ 270.00 Unlawfully dealing with fireworks and dangerous fireworks.\n 1. Definition of "fireworks" and "dangerous fireworks". (a) The term\n"fireworks," as used in this section, includes:\n (i) display fireworks, which means fireworks devices in a finished\nstate, exclusive of mere ornamentation, primarily intended for\ncommercial displays which are designed to produce visible and/or audible\neffects by combustion, deflagration or detonation, including, but not\nlimited to, salutes containing more than one hundred thirty milligrams\n(two grains) of explosive composition, aerial shells containing more\nthan forty grams of chemical composition exclusive of lift charge, and\nother exhibition display items that exceed the limits of consumer\nfireworks contained in the American Pyrotechnic Association (APA)\nStandard 87-1, 2001 edition;\n (ii) articles pyrotechnic, which means pyrotechnic devices for\nprofessional use similar to consumer fireworks in chemical composition\nand construction but not intended for consumer use and which articles\nmeet the weight limits for consumer fireworks but are not labeled as\nsuch and are classified by the United States department of\ntransportation in 49 CFR 172.101 as UN0431;\n (iii) special effects, which means any combination of chemical\nelements or chemical compounds capable of burning independently of the\noxygen of the atmosphere, and designed and intended to produce an\naudible, visual, mechanical, or thermal effect as an integral part of a\nmotion picture, radio, television, theatrical, or opera production, or\nlive entertainment;\n (iv) consumer fireworks which are aerial in performance and are\ncommonly referred to as sky rockets, bottle rockets, missile type\nrockets, helicopters, aerial spinners, roman candles, mines, shell\ndevices, aerial shell kits, reloadables and audible ground devices which\nare commonly referred to as firecrackers and chasers, as well as metal\nwire handheld sparklers;\n (v) any blank cartridge, blank cartridge pistol, or toy cannon in\nwhich explosives are used, firecrackers, or any preparation containing\nany explosive or inflammable compound or any tablets or other device\ncommonly used and sold as fireworks containing nitrates, chlorates,\noxalates, sulphides of lead, barium, antimony, arsenic, mercury,\nnitroglycerine, phosphorus or any compound containing any of the same or\nother explosives, or any substance or combination of substances, or\narticle prepared for the purpose of producing a visible or an audible\neffect by combustion, explosion, deflagration or detonation, or other\ndevice containing any explosive substance, other than sparkling devices\nas defined in subparagraph (vi) of this paragraph; and\n (vi) "sparkling devices," as used in this section, includes:\n (1) sparkling devices which are ground-based or hand-held devices that\nproduce a shower of white, gold, or colored sparks as their primary\npyrotechnic effect. Additional effects may include a colored flame, an\naudible crackling effect, an audible whistle effect, and smoke. These\ndevices do not rise into the air, do not fire inserts or projectiles\ninto the air, and do not explode or produce a report (an audible\ncrackling-type effect is not considered to be a report). Ground-based or\nhand-held devices that produce a cloud of smoke as their sole\npyrotechnic effect are also included in this category. Types of devices\nin this category include:\n (A) cylindrical fountain: cylindrical tube containing not more than\nseventy-five grams of pyrotechnic composition that may be contained in a\ndifferent shaped exterior such as a square, rectangle, cylinder or other\nshape but the interior tubes are cylindrical in shape. Upon ignition, a\nshower of colored sparks, and sometimes a whistling effect or smoke, is\nproduced. This device may be provided with a spike for insertion into\nthe ground (spike fountain), a wood or plastic base for placing on the\nground (base fountain), or a wood
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