florida state fire marshal’s office florida state fire marshal’s office f. s. chapter 791...

Florida State Fire Marshal’s

Office

Florida State Fire Marshal’s

Office

F. S. Chapter 791

“SALE OF FIREWORKS”

F. S. Chapter 791

“SALE OF FIREWORKS”

FIREWORKS AUTHORITY & ENFORCEMENT

IN THE STATE OF FLORIDA

In the State of Florida, it is unlawful for any person,

firm, co-partnership, or corporation to offer to

sale, or use or explode any fireworks.

State Fire Marshal’s Responsibilities

• “Sparklers” approved by the State Fire Marshal may be offered for sale and used if sold by a person, firm, co-partnership, or corporation is registered with the State Fire Marshal.

• The State Fire Marshal, pursuant to the provisions of Section 791.015, Florida Statutes, registers:

persons,

firms,

co-partnerships or corporations

for the manufacture, distribution, wholesale and

retail sale of approved “sparklers”.

FS 791.13, Testing and approval of sparklers—requires the State Fire Marshal to perform tests as necessary to determine compliance with the performance standards in the definition of a sparkler found in FS 791.01.

• Sparkler- is defined to mean a device:

• which emits showers of sparks upon burning,

• does not contain any explosive compounds,

• does not detonate or explode,

• is hand held or ground based,

• cannot propel itself through the air,

• and contains no more than 100 grams of the chemical which produces sparks upon burning.

Any product that is not approved by the State Fire Marshal is classified as fireworks.

On or before September 1 of each year the State Fire Marshal accepts delivery of products from vendors for testing.

Each person or firm submitting products must be registered with the State Fire Marshal for “sparkler” sales.

Products must be shipped to the Bureau of Forensic Fire and Explosives Analysis Laboratory.

Shipping must be in compliance with Federal Department of Transportation Regulations.

The testing process includes:

Five (5) samples of each product shall be submitted to the State Fire Marshal.

The testing process includes:

A chemical composition laboratory report issued in compliance with C. F. R. 49, Parts 100-177 must accompany each product.

The testing process includes:

A letter of approval from the U.S. D. O. T. with an identifying “EX” number must accompany each product.

The testing process includes:

Each product is weighed on calibrated scales to determine if the product meets the weight requirements of Section 791.01, F.S.

The testing process includes:

A functional test is performed on each product. - a product can not contain any

explosive compound- can not detonate or explode- must be hand held or ground based- can not propel itself through the air

All testing is performed in compliance with policies and procedures to ensure safety of division property and personnel during the process.

All product information is entered into a database which is maintained for all products received. This database includes:

• Product submitter.

• Product name,brand and any significant product marking.

• Submitted with proper paperwork

• “EX” number assigned by FDOT

• Approved Laboratory Report

• Product Weight – chemical compound weight

• Function results.

Testing Example

This large sparkler is 14”h x 7”d

FillerCardboard

Powder chamber

contains a few tubes with only 80 grams of powder

Powder chamber

contains a few tubes with only 80 grams of powder

Testing Example

Each tube has to be cut open to remove the chemical compound while not introducing any of

the filler dirt or clay that surrounds it.

Once chemical compound is removed, it is

weighed.

NOVELTIES

<10g<10g<10g

<16mg<16mg

<4mg

During the testing process, if the product meets the requirements of Florida Statutes, Chapter 791, the product is added to the State Fire Marshal’s “List of Approved Sparklers”. (Approx. 1700)

• The “List of Approved Sparklers” can be found on the division’s website at:

• www.fldfs.com/sfm

A hard copy of the list may be obtained from:

Regulatory Licensing Section

200 East Gaines Street

Tallahassee, FL 32399-0342

FirePrevention@dfs.state.fl.us

Registration:

The State Fire Marshal issues Certificates of Registration to those firms and individuals engaged in the business of manufacturing, distributing, selling at wholesale and retail, approved sparklers.

There are two types of retailers that will be

selling sparklers to the general public.

They are Retailers and Seasonal Retailers.

Retailers: these people sell sparklers to the general public from a fixed place of business throughout the year. For example, convenience stores or supermarkets that sell sparklers are regular retailers.

Seasonal Retailers: these people may sell sparklers only from June 20 through July 5 and from December 10 through January 2. The temporary stands and tents near roads or parks are operated by seasonal retailers.

Retail sales—

Under state law; all retailers are required to register with the State Fire Marshal. At the location where the sparklers are being sold, the retailer shall have:

• Certificate of Registration from the State Fire Marshal authorizing that business to sell sparklers in Florida.

• The certificate shall contain the address of the location where the retailer is selling sparklers.

• A sparkler or other product authorized for sale, may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor or wholesaler registered with the Division.

• Each retailer or seasonal retailer must keep at each location a copy of an invoice or other evidence of purchase from the manufacturer, distributor or wholesaler which states the registration certificate for the particular manufacturer, distributor or wholesaler and the specific items covered by the invoice.

791.04 Sale at wholesale, etc. exempted—

Any person, firm, co-partnership, or corporation who has registered with the State Fire Marshal as a manufacturer, distributor or wholesaler may sell fireworks products at wholesale in compliance with the provisions of Section 791.04, Florida Statutes.

791.04 Exemptions —

Nothing in this chapter shall be construed to prohibit:

• any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015, F.S. to sell at wholesale such fireworks as are not herein prohibited;

• the sale of any kind of fireworks provided the same are shipped directly out of state by such manufacturer, distributor or wholesaler;

• the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit;

• the selling blank cartridges to be

used for a show or theater, or for

signal or ceremonial

purposes in athletics or sports, or for

use

for use by the military organizations,

or organizations composed of the

Armed Forces of the United States.

Agriculture Sales & Use:

• Florida Statutes, Chapter 791, specifically allows the importation, purchase, sale or use of fireworks solely and exclusively in frightening birds from agricultural works and fish hatcheries.

• Florida Department of Agriculture is the responsible agency.

• Florida law provides that enforcement of the fireworks laws is vested in “local law enforcement departments and officials charged with the enforcement of laws of the state”.

• The Division of State Fire Marshal serves as a resource and advisory entity with regard to fireworks enforcement.

• Florida law requires that local law enforcement entities enforcing the laws governing fireworks “shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered for sale, stored, or held in violation of Chapter 791, Florida Statutes.

Penalties:

• Any firm, co-partnership, or corporation violating the provisions of Chapter 791, Florida Statutes, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or 775.085.