§ 22-11-14-1 — Definitions

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 (1) of the pegs, a small report is produced.
"Consumer 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. Consumer fireworks:
(1) include:
(A) aerial devices, which include sky rockets, missile type
rockets, helicopter or aerial spinners, roman candles, mines,
and shells;
(B) ground audible devices, which include firecrackers, salutes,
and chasers; and
(C) firework devices containing combinations of the effects
described in clauses (A) and (B); and
(2) do not include the items referenced in section 8(a) of this
chapter.
"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 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 consumer 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 consumer fireworks,
items referenced in section 8(a) of this chapter, 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.
(9) M-80s, cherry bombs, silver salutes, and any device banned by
the federal government.
"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.
"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.
"Municipality" has the meaning set forth in IC 36-1-2-11.
"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.
"Responding fire department" means the paid fire department or
volunteer fire department that renders fire protection services to a
political subdivision.
"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, including a retail merchant that meets the economic
threshold under IC 6-2.5-2-1(d).
"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 contains pyrotechnic composition;
(2) contains a 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 discharge location" means a location designated for the
discharge of consumer fireworks by individuals in accordance with
rules adopted under section 3.5 of this chapter.
"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 consumer
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; P.L.187-2006, SEC.1;
P.L.177-2007, SEC.1; P.L.159-2021, SEC.40; P.L.118-2024,
SEC.31.