Missouri Code of State Regulations
Title 11 - DEPARTMENT OF PUBLIC SAFETY
Division 40 - Division of Fire Safety
Chapter 3 - Fireworks
Section 11 CSR 40-3.010 - Fireworks-Licensing, Permits, Sales, Inspection, and Penalties
Universal Citation: 11 MO Code of State Regs 40-3.010
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule explains the licensing/permit process for the sales, discharge, possession and inspections associated with consumer, display and proximate fireworks.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) The following definitions shall be used in interpreting this rule:
(A)
American Pyrotechnics Association (APA), Standard 87-1
(2004), PO Box 30438 Bethesda, MD 20824-0348; as incorporated by reference is a standard for manufacturers, importers and distributors of fireworks to assist them in accordance with applicable federal laws;
(B) Chemical composition, all
pyrotechnic and explosive composition contained in fireworks devices as defined
in American Pyrotechnics Association (APA), Standard
87-1;
(C) Consumer
fireworks, explosive devices designed primarily to produce visible or audible
effects by combustion and includes aerial devices and ground devices, all of
which are classified as fireworks, UN0336, 1.4G by regulation of the United
States Department of Transportation, Title 49 CFR (2003), 400 7th Street S.W,
Washington, D.C. 20590, as incorporated by reference, and which were formerly
classified as class C common fireworks by regulation of the United States
Department of Transportation;
(D)
Discharge site, the area immediately surrounding the fireworks mortars used for
an outdoor fireworks display;
(E)
Display site, the immediate area where a fireworks display is conducted,
including the discharge site, the fallout area, and the required separation
distance from mortars to spectator viewing areas, but not spectator viewing
areas or vehicle parking areas;
(F)
Display fireworks, explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term includes
devices containing more than two (2) grains (130 mg) of explosive composition
intended for public display. These devices are classified as fireworks, UN0335,
1.3G by regulation of the United States Department of Transportation, as
amended from time-to-time, and which were formerly classified as class B
display fireworks by regulation of the United States Department of
Transportation;
(G) Distributor,
any person engaged in the business of selling fireworks to wholesalers,
jobbers, seasonal retailers, other persons, or governmental bodies that possess
the necessary permits as specified in sections
320.106 to
320.161, RSMo
including any person that imports any fireworks of any kind in any manner into
the state of Missouri;
(H)
Fireworks, any composition or device for producing a visible, audible, or both
visible and audible effect by combustion, deflagration, or detonation and that
meets the definition of consumer, proximate, or display fireworks as set forth
by 49 CFR part 171 to end, United States Department of Transportation hazardous
materials regulations, and American Pyrotechnics Association, Standard
87-1;
(I) Fireworks
season, the period beginning on the twentieth day of June and continuing
through the tenth day of July of the same year and the period beginning on the
twentieth day of December and continuing through the second day of January of
the next year, which shall be the only periods of time that seasonal retailers
may be permitted to sell consumer fireworks;
(J) Illegal fireworks include fireworks whose
explosive composition exceeds the limits for consumer fireworks or display
fireworks, UN0336, 1.4G, UN0335, 1.3G and UN0431, 1.4G or UN0432, 1.4S by the
United States Department of Transportation, and American Pyrotechnics
Association, Standard 87-1 including ground salutes commonly known as
cherry bombs, M-80's, M-100's, M-1000's or other fireworks designated with an
"M" prefix whose explosive composition exceeds the limits for consumer
fireworks by the United States Department of Transportation;
(K) Jobber, any person engaged in the
business of making sales of consumer fireworks at wholesale or retail, within
the state of Missouri to nonlicensed buyers for use and distribution outside
the state of Missouri during a calendar year from the first day of January
through the thirty-first day of December;
(L) Licensed operator, any person who
supervises, manages, or directs the discharge of outdoor display fireworks,
either by manual or electrical means; who has met additional requirements
established by promulgated rule and has successfully completed a display
fireworks training course recognized and approved by the state fire
marshal;
(M) Manufacturer, any
person engaged in the making, manufacture, assembly or construction of
fireworks of any kind within the state of Missouri;
(N) NFPA, National Fire Protection
Association, Standards 101 (2003 edition) as used in setting standards for
proximate fireworks; 1123 (2000 edition); 1124 (2003 edition) as used in
setting standards for display and proximate fireworks; and 1126 (2001 edition),
#1 Batterymarch Park, PO Box 9101, Quincy, MA 02269, as incorporated by
reference; an international codes and standards organization;
(O) Permanent structure, buildings and
structures with permanent foundations other than tents, stands, mobile homes,
and trailers;
(P) Permit, the
written authority of the state fire marshal issued pursuant to sections
320.106 to
320.161, RSMo,
to sell, possess, manufacture, discharge, or distribute fireworks;
(Q) Person, any corporation, association,
partnership or individual or group thereof;
(R) Proximate fireworks, a chemical mixture
used in the entertainment industry to produce visible or audible effects by
combustion, deflagration, or detonation, as defined by the most current edition
of the American Pyrotechnics Association (APA), Standard 87-1,
section 3.8, specific requirements for theatrical pyrotechnics;
(S) Pyrotechnic operator or special effects
operator, an individual who has responsibility for pyrotechnic safety and who
controls, initiates, or otherwise creates special effects for proximate
fireworks and who has met additional requirements established by promulgated
rules and has successfully completed a proximate fireworks training course
recognized and approved by the state fire marshal;
(T) Sale, an exchange of articles of
fireworks for money, including barter, exchange, gift or offer thereof, and
each such transaction made by any person, whether as a principal proprietor,
salesman, agent, association, copartnership or one or more
individuals;
(U) Seasonal retailer,
any person within the state of Missouri engaged in the business of making sales
of consumer fireworks in Missouri only during a fireworks season as defined by
subsection (I) of this section;
(V)
Wholesaler, any person engaged in the business of making sales of consumer
fireworks to any other person engaged in the business of making sales of
consumer fireworks at retail within the state of Missouri.
(2) General Requirements: Licenses, Permits and Fees.
(A) Each firm or person engaged in
the manufacture, transportation, wholesale or retail sales of consumer
fireworks, public displays utilizing fireworks 1.3G, proximate and consumer
fireworks 1.4G, proximate fireworks 1.4S theatrical, pyrotechnic special
effects operators, licensed display fireworks operator shall have an applicable
license or permit issued by the state fire marshal.
1. License by type:
A. Licensed operator, a fee of one hundred
dollars ($100) for three (3)-year license; and
B. Pyrotechnic or special effects operator, a
fee of one hundred dollars ($100) for three (3)-year license.
2. Permits by type:
A. Manufacturer, fee of seven hundred
seventy-five dollars ($775) per calendar year per location;
B. Distributor, fee of seven hundred
seventy-five dollars ($775) per calendar year per location;
C. Wholesaler, fee of two hundred
seventy-five dollars ($275) per calendar year per location;
D. Jobber, a fee of five hundred twenty-five
dollars ($525) per calendar year per location;
E. Seasonal retailer, a fee of fifty dollars
($50) per calendar year per sales location;
F. Display fireworks, a fee of one hundred
dollars ($100) per calendar year per location;
G. Proximate fireworks display, a fee of one
hundred dollars ($100) per calendar year per location.
(B) All fees shall be paid by
cash, money order, or check payable to the Missouri Division of Fire Safety and
are nonrefundable or nontransferable except for overpayments resulting from
mistakes of law or fact.
(C) All
permits except for seasonal retailer shall be for the calendar year or any
fraction thereof and shall expire on the thirty-first day of December each
year.
(D) Seasonal retail permit(s)
shall be valid from the twentieth day of June through the tenth day of July of
the same year and the period beginning on the twentieth day of
December through the second day of January of the next year.
(E) No seasonal
retail, wholesaler or jobber permit shall be issued to a person under the age
of eighteen (18) years.
(F) No
manufacturer or distributor permit shall be issued to a person under the age of
twenty-one (21) years.
(G) No
permit or license shall be transferable nor shall a person operate under a
permit or license issued to another person or location.
(H) All original permits issued shall be made
available for review at the location for which it was issued.
(I) Manufacturer, wholesaler, jobber and
distributor permit holders operating out of multiple locations shall obtain a
permit for each location.
(J) Upon
determining that an applicant has furnished or supplied false information in
applying for a license or permit or attempting to renew a license or permit, or
has failed to notify the state fire marshal of any change in the information
supplied in an application, the state fire marshal may refuse to license or
permit the applicant or may revoke or suspend any license or permit issued to
the applicant for a period of not more than three (3) years.
(K) The state fire marshal may refuse to
issue a license or permit to any applicant when the permit or license of the
individual, corporation or partner is under suspension or revocation. The state
fire marshal may also refuse to issue a license or permit to a person who is a
partner, shareholder, manager, officer, spouse or relative of the applicant or
a party to the applicant or is in a position to obtain any financial gain
should the application be granted during the period of suspension or
revocation.
(L) The state fire
marshal may refuse to issue a license or permit for a period not to exceed
three (3) years to an applicant whose license or permit has been revoked for
the possession or sale of illegal fireworks as referred to in section
320.136,
RSMo.
(M) In addition to any other
penalty, any person who manufacturers, sells, offers for sale, ships or causes
to be shipped into or caused to be shipped into Missouri for use in Missouri
any items of fireworks without first having obtained the applicable permit or
license shall be assessed a civil penalty of up to a one thousand dollar
($1,000) fine for each day of operation up to a maximum of ten thousand dollars
($10,000).
(N) Any person aggrieved
by any official action of the state fire marshal affecting their license or
permit status including revocation, suspension, failure to renew or refusal to
issue a license or permit may seek a determination by the Administrative
Hearing Commission pursuant to the provisions of section
621.045,
RSMo.
(3) Applications for Permit: Manufacturer, Distributor, Wholesaler, Jobber, Seasonal Retail.
(A) Applications for a permit shall be on
forms provided by the state fire marshal and shall be accompanied by the
appropriate fee and documentation as required.
1. Copy of Missouri retail sales tax
license.
2. Copy of current
certificate of "No Tax Due" for the preceding year obtained from Missouri
Department of Revenue, except if the applicant is pursuing any proper remedy at
law challenging the amount, collection, or assessment of any sales
tax.
3. If applicable, copy of
"Certificate of Good Standing" from Missouri Secretary of State.
4. If applicable, copy of federal license or
permit.
(B) Failure to
make application for seasonal retail permit by May thirty-first of the calendar
year may result in the fire marshal's refusal to issue a permit to the
applicant for such calendar year.
(C) Every application for a permit to sell
fireworks shall be signed by the permitee or a responsible agent for the
permitee who, by signing the application, acknowledges that the permitee will
take reasonable steps to see that all employees, agents and officers of the
permitee will be familiar with all rules applicable to fireworks operations and
will abide by those rules.
(4) Requirements: Manufacturer, Distributor, Jobber or Wholesaler.
(A) A holder of a
manufacturer's permit shall not be required to have any additional permits in
order to sell to distributors, wholesalers, jobbers or seasonal retailers, or
to sell display or proximate fireworks.
(B) A holder of a distributor's permit shall
not be required to have any additional permit in order to sell consumer
fireworks to wholesalers, jobbers, seasonal retailers, consumers during the
fireworks season or to sell display or proximate fireworks.
(C) A holder of a jobber's permit shall not
be required to have any additional permit in order to sell consumer fireworks
at retail during the fireworks season from such jobber's permanent
structure.
(D) Any wholesale
transaction by a manufacturer, distributor, wholesaler or jobber to any
seasonal retailer doing business in Missouri shall be permitted only if the
purchaser has been issued a seasonal retail permit from the state fire marshal
as a seasonal retailer.
(E) Any
sales by jobbers to nonpermitted persons or entities during any period of time
other than the fireworks season as defined in section
320.106(3),
RSMo, shall be to nonresidents of Missouri,
or to residents of Missouri only after a reasonable inquiry and a waiver signed
by the buyer on a form provided by the state fire marshal indicating that the
fireworks are for use outside of Missouri if the sale is a retail
transaction.
(F) A holder of a
manufacturer, distributor, wholesaler or jobber's permit shall be required to
operate out of a permanent structure in compliance with applicable building and
fire regulations in the city or county where located.
(G) Any person engaged in more than one (1)
permit classification shall pay one (1) permit fee based upon the permit
classification yielding the highest amount of revenue.
(H) Any person, entity, partnership,
corporation, or association transporting display or proximate fireworks into
Missouri for the purpose of resale, or to conduct a 1.3G fireworks display, or
to conduct a proximate fireworks display shall be permitted by the state fire
marshal as a distributor or manufacturer and have obtained applicable federal
license or permit.
(I) Sale of
display or proximate fireworks shall be limited to a holder of a federal
license or permit and a distributor or manufacturer permit issued by the state
fire marshal.
(J) No holder of a
manufacturer or distributor permit shall sell, barter, or transfer display or
proximate fireworks to anyone not possessing an applicable permit or
license.
(K) No wholesaler or
jobber, or any other person shall sell, offer for sale, store, display, or have
in their possession any consumer fireworks that have not been approved as
fireworks UN0336, or 1.4G by the United States Department of
Transportation.
(L) Possession of
display or proximate fireworks for resale to holders of a permit for display or
proximate fireworks shall be confined to a holder of a manufacturer or
distributor permit and applicable federal license or permit.
(M) No jobber, wholesaler, manufacturer, or
distributor shall sell to seasonal retail dealers, or any other person in this
state for the purpose of resale, or use in this state, any consumer fireworks
which do not have the numbers and letter "1.4G" printed with an orange diamond
shaped label printed on or attached to the fireworks shipping carton.
(N) Possession of display or proximate
fireworks shall be limited to:
1. A holder of
a display or proximate fireworks permit issued by the authority having
jurisdiction where the display or proximate fireworks display is proposed to be
held; or
2. A holder of a display
or proximate fireworks permit issued by the state fire marshal; or
3. A holder of a state manufacturer or
distributor permit and applicable federal license or permit.
(5) Requirements: Seasonal Retail Sales.
(A) A seasonal retail
permit shall be required for each retail sales location.
(B) Consumer fireworks UN0336, 1.4G shall be
sold to the general public only from permitted seasonal retail sites and only
during the fireworks season as defined in section (1) of this rule.
(C) It is unlawful to attempt to sell or to
sell any fireworks to children under the age of fourteen (14) years except when
such child is in the presence of a parent or guardian.
(D) It is unlawful for any person under the
age of sixteen (16) to sell fireworks or work in a facility where fireworks are
stored, sold, or offered for sale unless under the supervision of an individual
at least eighteen (18) years of age.
(E) Seasonal retail permit locations shall be
in compliance with all applicable building and fire regulations and may be
subject to a fire safety inspection by the state fire marshal per section (7)
of this rule.
(F) A seasonal
retailer shall acquire and present the appropriate permit from the state fire
marshal before any manufacturer, distributor, wholesaler or jobber is allowed
to sell consumer fireworks to such seasonal retailer provided that such
retailer is purchasing the consumer fireworks for resale in this
state.
(6) General Requirements: Fireworks Safety/Authority to Inspect.
(A) Fireworks shall not be stored, kept, or
sold within fifty feet (50') of any gasoline pump, gasoline filling station,
gasoline bulk station, or any building in which gasoline or volatile liquids
are sold in quantities in excess of one (1) gallon.
(B) Fireworks shall not be manufactured,
stored, kept or sold within one hundred feet (100') of any dispensing unit for
ignitable liquids or gases.
(C) It
is unlawful to explode or ignite consumer fireworks within six hundred feet
(600') of any church, hospital, mental health facility, or school or within one
hundred feet (100') of any location where fireworks are stored, sold or offered
for sale.
(D) No person shall
ignite or discharge fireworks within three hundred feet (300') of any permanent
storage of ignitable liquid, gases, gasoline pump, and gasoline filling
station.
(E) No person shall ignite
or discharge any fireworks within or throw the same from or into a motorized
vehicle including watercraft or any other means of transportation or at or near
any person or group of people, except where display permit has been issued for
a floating vessel or floating platform.
(F) All person(s) selling or offering
fireworks for sale or barter or trade will permit the state fire marshal and
the marshal's deputies to conduct inspections, based on Code of State
Regulations, of the business premises or any location where fireworks
are stored or kept and will cooperate with any inspection or investigation.
Failure to cooperate or refusal to allow an inspection shall result in
suspension or revocation of the permitee's permit(s) or refusal of a permit to
be issued. This inspection shall be performed during normal business
hours.
(7) Requirements: Fire Safety Inspection- Retail Sales.
(A)
Portable Fire Extinguishers.
1. Every seasonal
retail sales location shall have not less than two (2) portable fire
extinguishers with a minimum 2A rating, at least one (1) of which shall be a
pressurized water type.
2.
Temporary seasonal retail sales locations less than two hundred (200) square
feet in area shall be required to have at least one (1) portable fire
extinguisher with a minimum 2A rating.
3. The maximum travel distance to a fire
extinguisher in any seasonal retail sales location shall be no greater than
thirty-five feet (35').
4. All fire
extinguishers shall be inspected annually by a fire extinguisher company and
have documentation to this effect attached to them.
5. All fire extinguishers shall be located in
an accessible location to the staff.
6. Employees shall be trained to operate
fire-extinguishing equipment and shall be required to exhibit their skill when
requested by the authority having jurisdiction.
(B) Site Requirements.
1. The authority having jurisdiction shall
require a certificate or other evidence of acceptance by an organization or
laboratory of recognized standing or manufacturer verifying that the tent
fabric material has been treated with a flame resistant material.
2. No hay, straw, shavings, or similar
combustible materials that have not been treated to make them flame retardant
shall be permitted within any seasonal retail sales location.
3. The area located within thirty feet (30')
of a retail sales location shall be kept free of accumulated dry grass, dry
brush, and combustible debris.
4.
Fireworks shall not be displayed or stored behind glass through which direct
sunlight will shine on the fireworks except for where the fireworks are in
their original package.
5.
Fireworks shall be kept in a location out of the reach of the public when an
attendant is not on duty.
6.
Seasonal retail sales locations shall be secured when unoccupied and not open
for business.
(C)
Fireworks Discharge.
1. Fireworks shall not be
ignited, discharged, or otherwise used within one hundred feet (100') of any
location where fireworks are stored, sold, or offered for sale.
2. At least one (1) sign that reads as
follows, in letters at least four inches (4") high on a contrasting background,
shall be conspicuously posted at each entrance of seasonal retail sales
locations:
NO FIREWORKS DISCHARGE WITHIN 100 FEET
(D) No Smoking Signs.
1. Smoking shall not be permitted inside or
within twenty-five feet (25') of the seasonal retail sales area.
2. One (1) or more signs reading,
"FIREWORKS-NO SMOKING" shall be displayed at each entrance of seasonal retail
sales locations in letters not less than four inches (4") in height on a
contrasting background.
(E) Separation Distances.
1. No motor vehicle shall be parked within
ten feet (10') of a seasonal retail sales location.
2. No trailer used for the storage of
consumer fireworks shall be parked within ten feet (10') of a seasonal retail
sales location.
3. Temporary
seasonal retail sales stands and tent side walls shall not be located within
twenty feet (20') of the following, unless authorized by the authority having
jurisdiction:
A. Another building;
B. Another seasonal retail sales
location;
C. Cooking equipment of
any type.
4. Seasonal
retail sales locations shall not be located within fifty feet (50') of the
following:
A. Any gasoline pump, gasoline
filling station, gasoline bulk station, or any building in which gasoline or
volatile liquids are sold in quantities in excess of one (1) gallon;
B. Compressed natural gas dispensing
facilities;
C. Retail propane
dispensing station;
D. Aboveground
storage tanks for flammable or combustible liquid, flammable gas or flammable
liquefied gas;
E. Any type of open
flame cooking equipment.
5. Portable generators shall be located not
less than twenty feet (20') from a seasonal retail sales location.
(F) Means of Egress.
1. All means of egress from any temporary
seasonal retail sales tent or stand shall remain clear and free of
obstructions.
2. A minimum of two
(2) remote means of egress shall be located in a seasonal retail sales
location.
3. Exits provided for
temporary seasonal retail sales stands shall be arranged so that the maximum
egress travel distance does not exceed thirty-five feet (35').
4. Exits provided for seasonal retail tents
shall be arranged so that the maximum egress travel distance measured from the
most remote point to an exit along the natural and unobstructed path of egress
travel, does not exceed seventy-five feet (75').
5. Aisles within a temporary seasonal retail
sales tent, where the interior is accessible to the public, the minimum clear
width shall be permitted to be not less than forty-eight inches
(48").
6. Aisles within a temporary
seasonal retail sales stand, where the interior is not accessible to the
public, the minimum clear width shall be permitted to be not less than
twenty-eight inches (28").
7. The
required width of aisles shall be maintained unobstructed at all times the
facility is occupied by the public.
8. Dead end aisles shall be
prohibited.
9. Exit openings from
seasonal retail sales tents shall be not less than forty-four inches (44") in
width.
10. Egress doors in
temporary seasonal retail sales stands where the interior is not accessible to
the public shall be permitted to be not less than twenty-eight inches (28") in
width.
11. Egress doors in
temporary seasonal retail sales stands where the interior is accessible to the
public shall be permitted to be not less than thirty-six inches (36") in
width.
12. No fireworks shall be
displayed for sale or stored within two feet (2') of any public exit, or
private entrance or exit in an enclosed building.
(G) Exit Signs and Emergency Lighting.
1. Exit signs shall be required to be
self-luminous or internally or externally illuminated.
2. Exit signs shall not be required to be
illuminated in tents or stands that are not open for business after dusk or in
temporary seasonal retail sales stands where the interior is not accessible to
the public.
3. Emergency lighting
shall not be required in tents or stands that are not open for business after
dusk or for temporary seasonal retail sales stands where the interior is not
accessible to the public.
4.
Emergency lighting shall be required in seasonal retail sales locations when
the retail sales area is eight hundred (800) square feet or greater.
(H) Electrical Equipment.
1. The electrical system and equipment shall
be isolated from the public by proper elevation or guarding, and all electrical
fuses and switches shall be enclosed in approved enclosures.
2. Electrical cables, including extension
cords on the ground in areas traversed by the public shall be placed in
trenches or protected by approved covers.
3. All extension cords shall be a minimum
fourteen (14) gauge and multi-outlet power strips shall be UL approved and of
the grounding type.
4. All
multi-outlet power strips shall be UL approved and of the type with a circuit
breaker for overload protection.
5.
All electrical wiring, equipment, and devices shall be UL approved, installed
and maintained to prevent electrical hazards.
6. All electrical lighting shall be UL
approved, mounted and installed in a safe manner.
7. Branch circuits for receptacles, lighting
and other uses shall be protected by ground fault circuit interrupters if
susceptible to water exposure.
8.
The power distribution panel shall be properly grounded with a minimum #6 solid
copper wire connected to a copper clad ground rod. The ground wire must be
connected to the ground rod using a UL approved ground rod clamp with the clamp
being visible.
(I)
Prohibited Activity/Items.
1. The retail
sales of pest control devices, including their related storage and display
shall be prohibited.
2. No
electronic pest control device(s) shall be located inside a seasonal retail
sales location.
3. The consumption
or possession of alcoholic beverages in any seasonal retail sales location is
prohibited during business hours.
4. Any person selling fireworks shall not
knowingly sell consumer fireworks to any person who is obviously under the
influence of alcohol or drugs.
5.
Proximate and display fireworks shall not be allowed to be sold with consumer
fireworks.
(8) Permit Requirements: Discharging Display or Proximate Fireworks.
(A) Permit(s) for display or proximate
fireworks may be granted to municipalities, fair associations, amusement parks,
organizations, persons, firms or corporations. Such permits may be granted upon
application and approval by the state fire marshal or local authority having
jurisdiction where the display is proposed to be held.
1. Application for a permit to conduct a
display/proximate fireworks show issued by the state fire marshal shall meet
the following requirements and be on a form provided by the state fire marshal:
A. Applicant shall be at least twenty-one
(21) years of age;
B. The permit
shall be issued per location per calendar year, except-
(I) Any change from the original site plan
relating to distances, mortar size, mortar installation, firing method, etc.
shall require a new application and submission of an additional permit
fee;
C. A fee of one
hundred dollars ($100) shall be paid to the state fire marshal at the time of
initial application for permit;
D.
Identity of state licensed display/pyrotechnic operator shall be
provided;
E. Applicant shall submit
proof of insurance coverage insuring the applicant with liability insurance in
order to satisfy claims for damages to property or personal injuries arising
out of any act or omission on the part of such person, firm or corporation or
any agent or employee thereof with an occurrence limit of not less than one (1)
million dollars. Additionally, insurance coverage of an employer for whom the
individual is employed shall be considered to comply with the aforementioned,
if the coverage provides equivalent coverage for each employee;
F. If applicant is conducting a display under
the auspices of a municipality or political subdivision the applicant shall be
exempt from liability insurance coverage if the municipality or political
subdivision possesses liability insurance covering the applicant with an
occurrence limit of not less than one (1) million dollars;
G. Applicant shall submit a detailed site
plan, to include but not be limited to distance requirements per NFPA, firing
method, mortar installation and product being used along with the name of the
licensed or pyrotechnic operator to the state fire marshal a minimum of ten
(10) working days prior to the date of the event;
H. Upon request applicant shall provide
Material Safety Data Sheets (MSDS) relating to the products being
used;
I. No permit granted shall be
transferable;
J. The permit shall
apply to only one (1) location.
2. A copy of a display or proximate fireworks
permit issued by the local authority having jurisdiction shall be submitted by
the permit holder to the state fire marshal within forty-five (45) days of the
display or upon request of the state fire marshal.
3. Any venue where proximate fireworks are to
be discharged shall be inspected by the state fire marshal or local authority
having jurisdiction for compliance with NFPA 1126.
4. Any establishment where proximate
fireworks are to be discharged indoors shall be inspected by the state fire
marshal or local authority having jurisdiction for compliance with NFPA 1126
and NFPA 101 Life Safety Code or equivalent nationally
recognized code in relation to means of egress, occupancy load, and automatic
sprinkler and fire alarm systems.
5. Provisions shall be made for adequate fire
protection at a level determined by the jurisdiction where the display is to be
conducted.
6. Safety monitors shall
be required per NFPA 1123 and/or NFPA 1126.
7. This subsection shall not preclude a
political subdivision, county or city from imposing by ordinance the
requirement to notify local authorities of the intent to conduct such
display.
(9) Licensed/Pyrotechnic Display Operator.
(A)
Every fireworks display or proximate fireworks display shall be supervised,
managed, or directed by a Missouri state licensed operator or pyrotechnic
operator on-site.
(B)
Licensed/pyrotechnic display operators shall complete and submit, on a form
provided by the state fire marshal a licensed/ pyrotechnic display operator
application and meet the minimum requirements listed below:
1. Applicant shall be at least twenty-one
(21) years of age;
2. Applicant
shall not have a felony conviction or have pleaded guilty to a
felony;
3. A fee of one hundred
dollars ($100) shall be paid to the state fire marshal at the time of
application for licensure;
4.
Applicant shall provide two (2) passport type photographs per license
requested;
5. The state fire
marshal will consider the following criteria in determining whether to issue a
license to the applicant under the provisions of this rule:
A. Documentation that applicant has attended
courses relating to pyrotechnics;
B. An applicant shall submit evidence of
experience, which must include active participation as an assistant or operator
in the performance of at least three (3) fireworks displays or proximate
fireworks displays, at least one of which must have occurred in the current or
preceding year;
C. Applicant shall
complete a written examination administered by the state fire marshal and
achieve a passing score of at least seventy percent (70%).
(I) Any person failing to pass the
examination may retake the examination after a thirty (30)-day waiting
period.
(II) Any person failing to
pass the examination a second time may retake the examination after a ninety
(90)-day waiting period;
D. Any licenses or certifications from other
jurisdictions or licensing entities approved by the state fire
marshal;
E. References from local
authorities, sponsors, employers, and fireworks/pyrotechnic
companies;
F. Copy of U.S. Bureau
of Alcohol, Tobacco, Firearms and Explosives permit/ license if
applicable;
6. To obtain
recertification, the applicant shall be required to meet the following
criteria:
A. Provide documentation that
applicant has attended a minimum of twelve (12) hours of continuing education
relating to pyrotechnics within the past three (3) years.
B. Provide documentation of actively
participating in at least three (3) fireworks displays or proximate fireworks
displays.
C. A fee of one hundred
dollars ($100) shall be paid at the time of recertification to the state fire
marshal;
7. The licensee
shall carry his/her license at all times when engaging in pyrotechnic display
activity;
8. Each license issued
pursuant to this section shall specify the licensee's name, state issued
license number, the license's effective date and expiration date and
photograph;
9. In any case where
the state fire marshal denies, suspends or revokes a license, a written notice
of the basis for the denial, suspension or revocation shall be provided to the
applicant or license holder;
10.
Upon notice of revocation or suspension, the license holder shall surrender the
license and all copies thereof to the state fire marshal immediately. No person
shall supervise a fireworks display or proximate display once their license has
been revoked or suspended;
11. Upon
notice of denial, suspension or revocation of a license, the decision may be
appealed in writing to the state fire marshal within forty-five (45) days of
the denial, suspension or revocation requesting an administrative hearing
pursuant to the provisions of section
621.045,
RSMo;
12. The state fire marshal
may deny, suspend or revoke licensure of any applicant when it is found that
the applicant or licensee:
A. Has knowingly
made a material misrepresentation of any information required for
licensure;
B. Has knowingly by any
means of false pretense, deception, fraud, misrepresentation or cheating
obtained training or licensure;
13. No person shall handle display/proximate
fireworks or cause any person to handle or discharge display/proximate
fireworks in this state unless such use of display/proximate fireworks are
under the direct supervision and responsibility of a state licensed operator or
pyrotechnic operator pursuant to this rule. Persons working under the direct
supervision of a licensed operator or pyrotechnic operator at the site shall
not be in violation of this rule.
(10) Violations.
(A) A permitee will receive a written warning
from the state fire marshal for violation of any of the following:
1. Failing to properly display a No Smoking
sign(s);
2. Failing to properly
display a No Smoking sign(s) of sufficient size;
3. Failing to properly display a permit or
license;
4. Selling or offering for
sale fireworks that are not properly labeled;
5. Exposing fireworks not in the original
package to direct sunlight while displayed and unattended, as defined by
section 320.146.1, RSMo;
6. Leaving
unattended fireworks accessible to the public;
7. Attempting to make or making a sale of
fireworks out of season as defined in section
320.106(9), RSMo to
someone for use or distribution within the state of Missouri;
8. Knowingly allowing an open flame or
smoking within twenty-five feet (25') of a place where fireworks are
manufactured, stored, kept, or offered for sale;
9. Selling to a child under the age of
fourteen (14) who is not in the presence of his/her parent or
guardian;
10. Receiving fireworks
without a permit if the permitee was permitted but failed to renew;
11. Selling fireworks without a permit if the
permitee was permitted but failed to renew;
12. Selling from other than a permanent
structure, except for retail sales during fireworks seasons;
13. Storing fireworks too close to volatile
liquids or gases, as defined by section
320.146(2),
RSMo;
14. Selling or shipping
fireworks to a consumer within a city or county lawfully prohibiting the sale
or possession of fireworks pursuant to section
320.121,
RSMo;
15. Employing a person less
than sixteen (16) years of age who is unsupervised;
16. Selling or offering for sale or
displaying fireworks to consumers that are marked other than UN0336,
1.4G;
17. Failure of distributors
and manufacturers to retain copies of applicable permit(s) or license(s) issued
for display and/or proximate fireworks transactions for one (1) year after the
transaction;
18. Selling fireworks
for resale in this state to a distributor, manufacturer, jobber, wholesaler or
seasonal retailer who has not first obtained their current permits as required
by law.
(B) Subsequent
violation of any of the acts set forth in subsection (10)(A) will result in the
suspension or revocation of the permit(s) of the permittee for a period as
determined by the state fire marshal.
(C) Violation of any of the following laws or
regulations may result in the suspension or revocation of the permit(s) for a
period not to exceed three (3) years and/or the refusal of the fire marshal to
renew or issue a permit(s) to the permitee or owner:
1. Selling or improperly possessing fireworks
while the permit or license has been suspended or revoked;
2. Allowing another person or business to use
or display the license of a licensee;
3. Possessing or manufacturing illegal
fireworks or selling or offering for sale illegal fireworks as defined in
section
320.136,
RSMo;
4. Failing or refusing to
allow a reasonable inspection of any premises and all portions of buildings
where fireworks are being stored or are being offered for sale. A reasonable
request is one made either during daylight hours or while the premises or
building are open for business;
5.
Failing to fully cooperate with a reasonable request during an
inspection;
6. Failure to obtain a
permit for display or proximate fireworks site;
7. Performing a display or proximate
fireworks display without having obtained a licensed operator or pyrotechnic
operator permit from the Missouri State Fire Marshal;
8. Failure of the applicant to obtain all
required permit(s) and/or license(s) required as per 320.111(1),
RSMo.
(D) The state fire
marshal will indicate to the permit holder, in writing, the statute(s) and any
regulations violated. Appeals from any decision of the state fire marshal will
be made to the Administrative Hearing Commission, except in cases in which a
charged violation includes a violation of the criminal laws.
(E) The period of suspension or revocation
imposed by the state fire marshal will remain in effect against the permit
holder's future business, partnership, corporation or entity even if an attempt
to change ownership or control of that permit holder's business, partnership,
corporation or entity is made or attempted.
(F) Persons found guilty of handling or
discharging display/proximate fireworks, or directing, ordering or otherwise
causing any person to handle or fire display/proximate fireworks in this state
without having a valid license shall be guilty of a Class A
misdemeanor.
(11) Incident Reporting; Licensed Operator/Pyrotechnic Operator Responsibility.
(A) It is the responsibility of the licensed
operator/pyrotechnic operator to immediately report any discharge related
incident identified below to local law enforcement or fire service agencies and
request such agency to notify the Office of the State Fire Marshal-
1. Injury to any person requiring immediate
medical treatment;
2. A fire or
damage to property in an amount reportable to the operator's insurance
company;
3. Loss of life.
(B) After a reportable incident
has occurred, the scene shall not be altered or tampered with in any manner
unless authorized by the state fire marshal or designee, until an
investigation/inspection can be completed.
(C) Failure of the licensed
operator/pyrotechnic operator to report an incident identified in this section
may be subject to their license being suspended or revoked by the state fire
marshal for a period of time not to exceed three (3) years.
*Original authority: 320.111.9, RSMo 1985, amended 1987, 1993, 1995, 1999, 2004.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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