[NY] Section 5610 Sparkling Devices
In this section, the following terms shall have the following meanings unless a different meaning is clearly required by the context:
OPERATING BUILDING. The term operating building means a building occupied in conjunction with the manufacture, transportation or use of explosive materials, sparkling devices, or both. Operating buildings are separated from one another with the use of intraplant or intraline distances.
SPARKLING DEVICES. The term sparkling devices shall have the meaning ascribed to that term by Section 270.00(1)(a)(vi) of the Penal Law, and shall include groundbased or hand-held devices (as defined in subparagraph [i] of this paragraph) and novelties (as defined in subparagraph (ii) of this paragraph).
- Cylindrical fountain. A cylindrical tube containing not more than 75 grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. 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 one tube is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of not less than a 1/2 inch (12.7 millimeters), a total weight not greater than 500 grams of pyrotechnic composition shall be allowed.
- Cone fountain. A cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, and when cones are securely attached to a base and the cones are separated from each other on the base by a distance of not less than a 1/2 inch (12.7 millimeters), a total weight not greater than 500 grams of pyrotechnic composition shall be allowed.
- Wooden sparkler / dipped stick. These devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to 100 grams of pyrotechnic composition per item.
- 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 greater than 16 milligrams (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 not more than 72 devices.
- Snapper. Small, paper-wrapped devices containing not more than 1 milligram 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 with not more than 50 devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material.
The provisions of this section shall be in addition to, and not in limitation of:
- All other provisions of the Uniform Code applicable to any building or structure where sparkling devices are manufactured, stored, handled, sold or used; and
- All other statutes, rules, regulations, local laws, and ordinances applicable to the possession, manufacture, storage, handling, sale and/or use of sparkling devices, including but not limited to Sections 270.00 and 405.00 of the Penal Law; Section 392-j of the General Business Law; Section 156-h of the Executive Law; Part 225 of Title 9 NYCRR; Part 39 of Title 12 NYCRR (Industrial Code Rule 39); and local laws, ordinances or regulations relating to operating permits as contemplated by Section 1203.3(g) of Title 19 NYCRR. Nothing in this section shall be construed as permitting the possession, manufacture, handling, sale and/or use of sparkling devices in violation of any other law, statute, rule, regulation, local law or ordinance applicable to the possession, manufacture, storage, handling, sale and/or use of sparkling devices. Nothing in this section shall be construed as permitting the possession, manufacture, handling, sale and/or use of sparkling devices in any jurisdiction where the possession, manufacture, handling, sale and/or use of sparking devices has not been made legal in accordance with the provisions of Section 405.00 of the Penal Law.
No ground-based or hand-held device shall be used inside any building or structure unless:
- Such ground-based or hand-held device is listed for indoor use; and
- The use of such ground-based or hand-held device inside such building or structure has been approved.
No groundbased or hand-held devices shall be used within 10 feet (3048 mm) of any building or structure unless:
- Such ground-based or hand-held device is listed for indoor use or for use within 10 feet (3048 mm) of a building or structure; and
- The use of such ground-based or hand-held device within 10 feet (3048 mm) of such building or structure has been approved.