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AN ACT

RELATING TO FIREWORKS; DEFINING PERMISSIBLE FIREWORKS;

PROVIDING THAT CERTAIN STICK-TYPE ROCKETS ARE NOT PERMISSIBLE

FIREWORKS; REMOVING TOY SMOKE DEVICES FROM REGULATION

PURSUANT TO THE FIREWORKS LICENSING AND SAFETY ACT; REQUIRING

COMPLIANCE WITH NATIONAL SAFETY STANDARDS FOR CERTAIN

FIREWORKS AND PYROTECHNIC ARTICLES; ALLOWING FOR A

REPLACEMENT PERMIT FEE; AMENDING, REPEALING AND ENACTING

SECTIONS OF THE FIREWORKS LICENSING AND SAFETY ACT; DECLARING

AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-2C-2 NMSA 1978 (being Laws 1989,

Chapter 346, Section 2, as amended) is amended to read:

"60-2C-2. DEFINITIONS.--As used in the Fireworks

Licensing and Safety Act:

A. "aerial shell" means a cylindrical or spherical

cartridge containing a lift charge, burst charge and effect

composition. Upon firing from a reloadable tube, the lift

charge is consumed and the cartridge is expelled into the

air;

B. "aerial shell kit-reloadable tube" means a

package or kit containing a cardboard, high-density

polyethylene or equivalent launching tube and not more than

twelve small aerial shells. Each aerial shell is limited to

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a maximum of sixty grams of total chemical composition,

including lift charges, and the maximum diameter of each

shell shall not exceed one and three-fourths inches;

C. "bosque" means a cottonwood corridor adjacent

to a river;

D. "chaser" means a paper or cardboard tube

venting out the fuse end of the tube that contains no more

than twenty grams of chemical composition and travels along

the ground, often producing a whistling effect or other

noise; an explosive composition not to exceed fifty

milligrams may be included to produce a report;

E. "chemical composition" includes all pyrotechnic

and explosive composition contained in a fireworks device,

but does not include inert materials such as clay used for

plugs or organic matter such as rice hulls used for density

control;

F. "cone fountain" means a cardboard or heavy

paper cone containing no more than fifty grams of pyrotechnic

composition that has the same effect as a cylindrical

fountain. When more than one cone is mounted on a common

base, total pyrotechnic composition shall not exceed two

hundred grams;

G. "crackling device" means a sphere or paper tube

that contains no more than twenty grams of pyrotechnic

composition that produces a flash of light and a mild,

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audible crackling effect upon ignition, which effect is not

considered to be an explosion. Crackling devices are not

subject to the fifty-milligram limit of firecrackers;

H. "cylindrical fountain" means a cylindrical tube

containing not more than seventy-five grams of pyrotechnic

composition that produces a shower of colored sparks and

sometimes a whistling effect or smoke. The device may be

provided with a spike for insertion into the ground or a wood

or plastic base for placing on the ground or a wood or

cardboard handle to be hand held. When more than one tube is

mounted on a common base, total pyrotechnic composition shall

not exceed two hundred grams;

I. "display distributor" means a person, firm or

corporation selling display fireworks;

J. "display fireworks" means devices primarily

intended for commercial displays that are designed to produce

visible or audible effects by combustion, deflagration or

detonation, including salutes containing more than one

hundred thirty milligrams of explosive composition; aerial

shells containing more than forty grams of chemical

composition exclusive of lift charge; and other exhibition

display items that exceed the limits for permissible

fireworks;

K. "distributor" means a person, firm or

corporation selling fireworks to wholesalers and retailers

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for resale;

L. "explosive composition" means a chemical

compound or mixture, the primary purpose of which is to

function by explosion, producing an audible effect in a

fireworks device;

M. "firecracker" means a small, paper-wrapped or

cardboard tube containing no more than fifty milligrams of

explosive composition that produces noise and a flash of

light; provided that firecrackers used in aerial devices may

contain up to one hundred thirty milligrams of explosive

composition per report;

N. "fireworks" means devices intended to produce a

visible or audible effect by combustion, deflagration or

detonation and are categorized as "permissible fireworks" or

"display fireworks", but does not include novelties or

theatrical pyrotechnics articles;

O. "flitter sparkler" means a narrow paper tube

attached to a stick or wire and filled with no more than five

grams of pyrotechnic composition that produces color and

sparks upon ignition and the paper at one end of the tube is

ignited to make the device function;

P. "ground spinner" means a small, rapidly

spinning device containing no more than twenty grams of

pyrotechnic composition venting out an orifice usually on the

side of the tube that when ignited produces a shower of

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sparks and color. "Ground spinner" is similar in operation

to a wheel, but is intended to be placed flat on the ground

and ignited;

Q. "helicopter" or "aerial spinner" means a tube

containing no more than twenty grams of chemical composition

with a propeller or blade attached that spins rapidly as it

rises into the air with a visible or audible effect sometimes

produced at or near the height of flight;

R. "illuminating torch" means a cylindrical tube

containing no more than one hundred grams of pyrotechnic

composition that produces a colored flame upon ignition and

may be spiked, based or hand held. When more than one tube

is mounted on a common base, total pyrotechnic composition

shall not exceed two hundred grams;

S. "manufacturer" means a person, firm or

corporation engaged in the manufacture of fireworks;

T. "mine" or "shell" means a heavy cardboard or

paper tube usually attached to a wooden or plastic base and

containing no more than sixty grams of total chemical

composition, including lift charges, per tube that

individually expels pellets of pressed pyrotechnic

composition that burn with bright color in a star effect, or

other devices propelled into the air, and that contains

components producing reports containing a maximum one hundred

thirty milligrams of explosive composition per report. A

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mine may contain more than one tube, but the tubes must fire

in sequence upon ignition of one external fuse, must be a

dense-packed collection of mine or shell tubes and the total

chemical composition, including lift charges, shall not

exceed two hundred grams;

U. "missile-type rocket" means a device similar to

a stick-type rocket in size, composition and effect that uses

fins rather than a stick for guidance and stability and that

contains no more than twenty grams of chemical composition;

V. "multiple tube devices" means a device that

contains more than one cardboard tube and the ignition of one

external fuse that causes all of the tubes to function in

sequence. The tubes are individually attached to a wood or

plastic base or are dense-packed and are held together by

glue, wire, string or other means that securely hold the

tubes together during operation. A maximum total weight of

five hundred grams of pyrotechnic composition shall be

permitted; provided that the tubes are securely attached to a

wood or plastic base and are separated from each other on the

base by a distance of at least one-half inch. The connecting

fuses on multiple tube devices shall be fused in sequence so

that the tubes fire sequentially rather than all at once;

W. "novelties" means devices containing small

amounts of pyrotechnic or explosive composition that produce

limited visible or audible effects, including party poppers,

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snappers, toy smoke devices, snakes, glowworms, sparklers or

toy caps, and devices intended to produce unique visual or

audible effects that contain sixteen milligrams or less of

explosive composition and limited amounts of other

pyrotechnic composition, including cigarette loads, trick

matches, explosive auto alarms and other trick noisemakers;

X. "permissible fireworks" or "consumer fireworks"

means fireworks legal for sale to and use in New Mexico by

the general public that comply with the latest construction,

performance, composition and labeling requirements

established by the United States consumer product safety

commission and the United States department of

transportation;

Y. "pyrotechnic composition" means a chemical

mixture that on burning and without explosion produces

visible or brilliant displays or bright lights or whistles or

motion;

Z. "retailer" means a person, firm or corporation

purchasing fireworks for resale to consumers;

AA. "roman candle" means a heavy paper or

cardboard tube containing no more than twenty grams of

chemical composition that individually expels pellets of

pressed pyrotechnic composition that burn with bright color

in a star effect;

BB. "specialty retailer" means a person, firm or

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corporation purchasing permissible fireworks for year-round

resale in permanent retail stores whose primary business is

tourism;

CC. "stick-type rocket" means a cylindrical tube

containing no more than twenty grams of chemical composition

with a wooden stick attached for guidance and stability that

rises into the air upon ignition and produces a burst of

color or sound at or near the height of flight;

DD. "theatrical pyrotechnics articles" means a

pyrotechnic device for professional use in the entertainment

industry similar to permissible fireworks or consumer

fireworks in chemical composition and construction but not

intended and labeled for consumer use;

EE. "toy smoke device" means a small plastic or

paper item containing no more than one hundred grams of

pyrotechnic composition that produces white or colored smoke

as the primary effect;

FF. "wheel" means a pyrotechnic device that is

made to attach to a post or other surface and that revolves,

producing a shower of color and sparks and sometimes a

whistling effect, and that may have one or more drivers, each

of which contains no more than sixty grams of pyrotechnic

composition and the total wheel contains no more than two

hundred grams total pyrotechnic composition;

GG. "wholesaler" means a person, firm or

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corporation purchasing fireworks for resale to retailers; and

HH. "wildlands" means lands owned by the governing

body of a county or municipality that are designated for

public recreational purposes and that are covered wholly or

in part by timber, brush or native grass."

Section 2. Section 60-2C-4 NMSA 1978 (being Laws 1989,

Chapter 346, Section 4, as amended) is amended to read:

"60-2C-4. LICENSE AND PERMIT FEES.--

A. An applicant for a license or permit under the

Fireworks Licensing and Safety Act shall pay to the state

fire marshal's office the following fees, which shall not be

refundable:

(1) manufacturer license . . . . . . $1,500;

(2) distributor license. . . . . . . 2,000;

(3) wholesaler license . . . . . . . 1,000;

(4) display distributor license. . . 1,000;

(5) specialty retailer license . . . 750;

(6) retailer permit. . . . . . . . . 100; or

(7) replacement permit . . . . . . . 20.

B. All licenses and permits shall be issued for

one year beginning on February 1 of each year. All licenses

and permits shall be issued within thirty days from the date

of receipt of application, except that no application shall

be processed during any holiday selling period in which

permissible fireworks may be sold.

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C. Licenses issued pursuant to provisions of the

Fireworks Licensing and Safety Act shall not be restricted in

number or limited to any person without cause.

Municipalities and counties may require licenses or permits

and reasonable fees, not to exceed twenty-five dollars

($25.00), for the sale of fireworks.

D. Permit and license fees paid to the state fire

marshal's office shall be deposited in the fire protection

fund to be used by the state fire marshal to enforce and

carry out the provisions and purposes of the Fireworks

Licensing and Safety Act."

Section 3. Section 60-2C-7 NMSA 1978 (being Laws 1989,

Chapter 346, Section 7, as amended) is amended to read:

"60-2C-7. PERMISSIBLE FIREWORKS.--

A. Permissible fireworks are:

(1) ground and hand-held sparkling devices:

(a) cone fountains;

(b) crackling devices;

(c) cylindrical fountains;

(d) flitter sparklers;

(e) ground spinners;

(f) illuminating torches; and

(g) wheels;

(2) aerial devices:

(a) aerial shell kit-reloadable tubes;

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(b) aerial spinners;

(c) helicopters;

(d) mines;

(e) missile-type rockets;

(f) multiple tube devices;

(g) roman candles;

(h) shells; and

(i) stick-type rockets, except as

provided in Subsection B of this section; and

(3) ground audible devices:

(a) chasers; and

(b) firecrackers.

B. The following types of fireworks are not

permissible fireworks:

(1) stick-type rockets having a tube less

than five-eighths inch outside diameter and less than three

and one-half inches in length; and

(2) fireworks intended for sale to the

public that produce an audible effect, other than a whistle,

by a charge of more than one hundred thirty milligrams of

explosive composition per report.

C. A municipality or county shall not by ordinance

regulate and prohibit the sale or use of any permissible

firework except aerial devices and ground audible devices."

Section 4. Section 60-2C-8 NMSA 1978 (being Laws 1989,

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Chapter 346, Section 8, as amended) is amended to read:

"60-2C-8. RETAIL SALES OR STORAGE OF FIREWORKS--

REGULATED ACTIVITIES.--

A. Fireworks may not be sold at retail without a

retail permit. The permit shall be at the location where the

retail sale takes place.

B. All places where fireworks are stored, sold or

displayed shall be in compliance with the code of safety

standards published by the national fire protection

association for the manufacture, transportation, storage and

retail sales of fireworks and pyrotechnics articles.

C. It is unlawful to offer for sale or to sell

fireworks to children under the age of sixteen years or to an

intoxicated person.

D. At all places where fireworks are stored, sold

or displayed, the words "NO SMOKING" shall be posted in

letters at least four inches in height. Smoking, open flames

and any ignition source are prohibited within twenty-five

feet of fireworks stock.

E. Fireworks shall not be stored, kept, sold or

discharged within fifty feet of a gasoline pump or gasoline

bulk station or a building in which gasoline or volatile

liquids are sold in quantities in excess of one gallon,

except in stores where cleaners, paints and oils are handled

in sealed containers only.

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F. All fireworks permittees and licensees shall

keep and maintain upon the premises a fire extinguisher

bearing an underwriters laboratories incorporated rated

capacity of at least five-pound ABC per five hundred square

feet of space used for fireworks sales or storage.

G. Sales clerks and ancillary personnel employed

or volunteering at temporary retail locations where fireworks

are sold shall be at least sixteen years of age. A sales

clerk shall be on duty to serve consumers at the time of

purchase or delivery. Permissible fireworks may be offered

for sale only at state-permitted or state-licensed retail

locations.

H. Fireworks shall not be discharged within one

hundred fifty feet of a fireworks retail sales location.

I. Fireworks shall not be sold or used on state

forest land, wildlands or a bosque.

J. A person shall not ignite fireworks within a

motor vehicle or throw fireworks from a motor vehicle, nor

shall a person place or throw ignited fireworks into or at a

motor vehicle or at or near a person or group of people.

K. Fireworks devices that are readily accessible

to handling by consumers or purchasers in a retail sales

location shall have their exposed fuses protected in a manner

to protect against accidental ignition of an item by a spark,

cigarette ash or other ignition source. If the fuse is a

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thread-wrapped safety fuse that has been coated with a

nonflammable coating, only the outside end of the safety fuse

shall be covered. If the fuse is not a safety fuse, the

entire fuse shall be covered.

L. Permissible fireworks may be sold at retail

between June 20 and July 6 of each year, six days preceding

and including new year's day, three days preceding and

including Chinese new year, the sixteenth of September and

cinco de Mayo of each year, except that permissible fireworks

may be sold all year in permanent retail stores whose primary

business is tourism."

Section 5. A new section of the Fireworks Licensing and

Safety Act is enacted to read:

"THEATRICAL PYROTECHNICS ARTICLES--COMPLIANCE WITH

NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS REQUIRED.--All

places where theatrical pyrotechnics articles are

manufactured, stored, sold or displayed shall be in

compliance with the code of safety standards published by the

national fire protection association for the use of

pyrotechnics before a proximate audience."

Section 6. REPEAL.--Section 60-2C-2.1 NMSA 1978 (being

Laws 1997, Chapter 17, Section 8) is repealed.

Section 7. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.