Current through Register Vol. 46, No. 19, March 20, 2024
A retailer or community group that is issued a license
pursuant to this chapter is authorized to sell consumer fireworks as defined in
this chapter. However, sales are permitted only as follows.
(1)
Prohibited sale or transfer to
persons under 18 years of age.
a. A
retailer or community group shall not transfer consumer fireworks, as described
in APA 87-1, chapter 3, to a person who is under 18 years of age.
b. A person, firm, partnership or corporation
shall not sell consumer fireworks to a person who is less than 18 years of
age.
(2)
Exceptions for persons under 18 years of age.
a. A retailer selling or offering for sale
consumer fireworks as described in APA 87-1, chapter 3, shall supervise any
employees who are less than 18 years of age who are involved in the sale,
handling, or transport of consumer fireworks in the course of their employment
for the retailer.
b. A community
group selling or offering for sale consumer fireworks as described in APA 87-1,
chapter 3, shall ensure that any persons who are less than 18 years of age who
are involved in the sale, handling, or transport of consumer fireworks by the
community group, whether the persons less than 18 years of age are paid or
unpaid, shall do so under the direct supervision of an adult member of the
community group.
(3)
Safety requirements - storage and retail
sales. A retailer or community group selling consumer fireworks as
described in APA 87-1, chapter 3, shall do so in accordance with NFPA 1124,
published in the Code for the Manufacture, Transportation, Storage, and Retail
Sales of Fireworks and Pyrotechnic Articles, 2006 edition.
(4)
Dates of sale.
a.
Permanent building. A
retailer or community group may sell consumer fireworks as described in APA
87-1, chapter 3, at a permanent building only between June 1 and July 8 and
between December 10 and January 3 each year, all dates inclusive.
b.
Temporary structure. A
retailer or community group may sell consumer fireworks as described in APA
87-1, chapter 3, at a temporary structure between June 13 and July 8 each year,
both dates inclusive.