A. Permissible fireworks are:

1. (1) ground and hand-held sparkling devices:

   1. (a) cone fountains;
   2. (b) crackling devices;
   3. (c) cylindrical fountains;
   4. (d) flitter sparklers;
   5. (e) ground spinners;
   6. (f) illuminating torches; and
   7. (g) wheels;

2. (2) aerial devices:

   1. (a) aerial shell kit-reloadable tubes;
   2. (b) aerial spinners;
   3. (c) helicopters;
   4. (d) mines;
   5. (e) missile-type rockets;
   6. (f) multiple tube devices;
   7. (g) roman candles;
   8. (h) shells; and
   9. (i) stick-type rockets, except as provided in Subsection B of this section; and

3. (3) ground audible devices:

   1. (a) chasers; and

   2. (b) firecrackers.

      B. The following types of fireworks are not permissible fireworks:

4. (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

5. (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.

History: Laws 1989, ch. 346, § 7; 1991, ch. 133, § 5; 1997, ch. 17, § 5; 2007, ch. 268, § 3.

ANNOTATIONS

The 2007 amendment, effective April 2, 2007, added aerial shell kit-reloadable tubes and multiple tube devices as permissible aerial devises and classifies as non-permissible fireworks stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length and fireworks that produce an audible effect by a charge of more than one hundred thirty milligrams of explosive composition per report.

The 1997 amendment, effective March 18, 1997, rewrote this section to the extent that a detailed comparison is impracticable.