Definitions
Sec. 1. As used in this chapter and IC 22-11-14.5:
"Auto burglar alarm" means a tube that contains pyrotechnic
composition that produces a loud whistle or smoke when ignited. A
small quantity of explosive, not exceeding fifty (50) milligrams, may
also be used to produce a small report. A squib is used to ignite the
device.
"Booby trap" means a small tube with string protruding from both
ends, similar to a party popper in design. The ends of the string are
pulled to ignite the friction sensitive composition, producing a small
report.
"Chaser" means a device, containing fifty (50) milligrams or less
of explosive composition, that consists of a small paper or cardboard
tube that travels along the ground upon ignition. A whistling effect
is often produced, and a small noise may be produced.
"Cigarette load" means a small wooden peg that has been coated
with a small quantity of explosive composition. Upon ignition of a
cigarette containing one of the pegs, a small report is produced.
"Common firework" means a small firework that is designed
primarily to produce visible effects by combustion, and that is
required to comply with the construction, chemical composition, and
labeling regulations promulgated by the United States Consumer
Product Safety Commission under 16 CFR 1507. The term also
includes some small devices designed to produce an audible effect,
such as whistling devices, ground devices containing fifty (50)
milligrams or less of explosive composition, and aerial devices
containing one hundred thirty (130) milligrams or less of explosive
composition. Propelling or expelling charges consisting of a mixture
of charcoal, sulfur, and potassium nitrate are not considered as
designed to produce an audible effect. Common fireworks:
(1) include:
(A) ground and hand-held sparkling devices, which include
dipped stick, certain wire sparklers, cylindrical fountains,
cone fountains, illuminating torches, wheels, ground
spinners, and flitter sparklers;
(B) aerial devices, which include sky rockets, missile-type
rockets, helicopter or aerial spinners, roman candles, mines,
and shells;
(C) ground audible devices, which include firecrackers,
salutes, and chasers; and
(D) firework devices containing combinations of two (2) or
more of the effects described in the preceding three (3)
clauses; and
(2) do not include the following novelties and trick
noisemakers:
(A) Snakes or glow worms.
(B) Smoke devices.
(C) Wire sparklers which contain no magnesium and which
contain less than one hundred (100) grams of composition
per item.
(D) Trick noisemakers, which include party poppers, booby
traps, snappers, trick matches, cigarette loads, and auto
burglar alarms.
"Cone fountain" means a cardboard or heavy paper cone which
contains up to fifty (50) grams of pyrotechnic composition, and
which produces the same effect as a cylindrical fountain.
"Cylindrical fountain" means a cylindrical tube not exceeding
three-quarters (3/4) inch in inside diameter and containing up to
seventy-five (75) grams of pyrotechnic composition. Fountains
produce a shower of color and sparks upon ignition, and sometimes
a whistling effect. Cylindrical fountains may contain a spike to be
inserted in the ground (spike fountain), a wooden or plastic base to
be placed on the ground (base fountain), or a wooden handle or
cardboard handle for items designed to be hand-held (handle
fountain).
"Dipped stick" or "wire sparkler" means a common firework that
consists of a stick or wire coated with pyrotechnic composition that
produces a shower of sparks upon ignition. Total pyrotechnic
composition does not exceed one hundred (100) grams per item.
Those devices containing chlorate or perchlorate salts do not exceed
five (5) grams in total composition per item. Wire sparklers that
contain no magnesium and that contain less than one hundred (100)
grams of composition per item are not included in the category of
common fireworks.
"Distributor" means a person who sells fireworks to wholesalers
and retailers for resale.
"Explosive composition" means a chemical or mixture of
chemicals that produces an audible effect by deflagration or
detonation when ignited.
"Firecracker" or "salute" is a device that consists of a small
paper-wrapped or cardboard tube containing not more than fifty (50)
milligrams of pyrotechnic composition and that produces, upon
ignition, noise, accompanied by a flash of light.
"Firework" means any composition or device designed for the
purpose of producing a visible or audible effect by combustion,
deflagration, or detonation. Fireworks consist of common fireworks
and special fireworks. The following items are excluded from the
definition of fireworks:
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency signal flares.
(4) Matches.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms,
muzzle loading cannons, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzle
loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
"Flitter sparkler" means a narrow paper tube filled with
pyrotechnic composition that produces color and sparks upon
ignition. These devices do not use a fuse for ignition, but rather are
ignited by igniting the paper at one (1) end of the tube.
"Ground spinner" means a small spinning device that is similar to
wheels in design and effect when placed on the ground and ignited,
and that produces a shower of sparks and color when spinning.
"Helicopter" or "aerial spinner" is a spinning device:
(1) that consists of a tube up to one-half (1/2) inch in inside
diameter and that contains up to twenty (20) grams of
pyrotechnic composition;
(2) to which some type of propeller or blade device is attached;
and
(3) that lifts into the air upon ignition, producing a visible or
audible effect at the height of flight.
"Illuminating torch" means a cylindrical tube that:
(1) contains up to one hundred (100) grams of pyrotechnic
composition;
(2) produces, upon ignition, a colored fire; and
(3) is either a spike, base, or handle-type device.
"Importer" means:
(1) a person who imports fireworks from a foreign country; or
(2) a person who brings or causes fireworks to be brought
within this state for subsequent sale.
"Indoor pyrotechnics special effects material" means a chemical
material that is clearly labeled by the manufacturer as suitable for
indoor use (as provided in National Fire Protection Association
Standard 1126 (2001 edition)).
"Interstate wholesaler" means a person who is engaged in
interstate commerce selling fireworks not approved for sale in
Indiana.
"Manufacturer" means a person engaged in the manufacture of
fireworks.
"Mine" or "shell" means a device that:
(1) consists of a heavy cardboard or paper tube up to two and
one-half (2 1/2) inches in inside diameter, to which a wooden
or plastic base is attached;
(2) contains up to forty (40) grams of pyrotechnic composition;
and
(3) propels, upon ignition, stars (pellets of pressed pyrotechnic
composition that burn with bright color), whistles, parachutes,
or combinations thereof, with the tube remaining on the ground.
"Missile-type rocket" means a device that is similar to a sky
rocket in size, composition, and effect, and that uses fins rather than
a stick for guidance and stability.
"Party popper" means a small plastic or paper item containing not
more than sixteen (16) milligrams of explosive composition that is
friction sensitive. A string protruding from the device is pulled to
ignite it, expelling paper streamers and producing a small report.
"Person" means an individual, an association, an organization, a
limited liability company, or a corporation.
"Pyrotechnic composition" means a mixture of chemicals that
produces a visible or audible effect by combustion rather than
deflagration or detonation. Pyrotechnic compositions will not
explode upon ignition unless severely confined.
"Retail sales stand" means a temporary business site or location
where goods are to be sold.
"Retailer" means a person who purchases fireworks for resale to
consumers.
"Roman candle" means a device that consists of a heavy paper or
cardboard tube not exceeding three-eighths (3/8) inch in inside
diameter and that contains up to twenty (20) grams of pyrotechnic
composition. Upon ignition, up to ten (10) stars (pellets of pressed
pyrotechnic composition that burn with bright color) are individually
expelled at several-second intervals.
"Sky rocket" means a device that:
(1) consists of a tube that does not exceed one-half (1/2) inch in
inside diameter and that contains up to twenty (20) grams of
pyrotechnic composition;
(2) contains a wooden stick for guidance and stability; and
(3) rises into the air upon ignition, producing a burst of color or
noise at the height of flight.
"Smoke device" means a tube or sphere containing pyrotechnic
composition that produces white or colored smoke upon ignition as
the primary effect.
"Snake" or "glow worm" means a pressed pellet of pyrotechnic
composition that produces a large, snake-like ash upon burning. The
ash expands in length as the pellet burns. These devices do not
contain mercuric thiocyanate.
"Snapper" means a small, paper-wrapped item containing a
minute quantity of explosive composition coated on small bits of
sand. When dropped, the device explodes, producing a small report.
"Special fireworks" means fireworks designed primarily to
produce visible or audible effects by combustion, deflagration, or
detonation, including firecrackers containing more than one hundred
thirty (130) milligrams of explosive composition, aerial shells
containing more than forty (40) grams of pyrotechnic composition,
and other exhibition display items that exceed the limits for
classification as common fireworks.
"Trick match" means a kitchen or book match that has been
coated with a small quantity of explosive or pyrotechnic
composition. Upon ignition of the match, a small report or a shower
of sparks is produced.
"Trick noisemaker" means an item that produces a small report
intended to surprise the user.
"Wheel" means a pyrotechnic device that:
(1) is attached to a post or tree by means of a nail or string;
(2) contains up to six (6) driver units (tubes not exceeding
one-half (1/2) inch in inside diameter) containing up to sixty
(60) grams of composition per driver unit; and
(3) revolves, upon ignition, producing a shower of color and
sparks and sometimes a whistling effect.
"Wholesaler" means a person who purchases fireworks for resale
to retailers.
(Formerly: Acts 1939, c.154, s.1; Acts 1947, c.366, s.1; Acts 1959,
c.290, s.1; Acts 1975, P.L.259, SEC.1.) As amended by
P.L.236-1983, SEC.1; P.L.229-1985, SEC.1; P.L.8-1993, SEC.296;
P.L.168-1996, SEC.1; P.L.25-2004, SEC.1.
Last modified: May 27, 2006