§ 51:650 — Definitions

Louisiana § 51:650

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§650. Definitions
As used in this Part, the following terms have the meanings ascribed to them in this
Section unless the context clearly indicates otherwise:
(1) "1.3G Fireworks" is a United States Department of Transportation (hereinafter
referred to in this Section as "DOT") classification indicating display fireworks to be used
by professionals in a public display.
(2) "1.4G Fireworks" means consumer fireworks intended for use by the general
public.
(3) "Aerial luminary" means an airborne paper or membrane lantern containing a
small candle, or other device for fuel, that heats air from inside the lantern causing the
lantern to rise into the air and remain airborne until the candle or other fuel device
extinguishes or is caused to descend by environmental effects. These items are commonly
known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, fire balloons,
or flying luminaries.
(4) "Articles pyrotechnic" means a controlled pyrotechnic device intended for
professional use to create the effects of heat, gas, sound, dispersion of aerosols, emission of
visible electromagnetic radiation, or a combination of these effects that may be similar to
consumer fireworks in chemical composition and construction but are not approved for
consumer use. Such articles comply with the weight limits for consumer fireworks, but are
not labeled as such, and are classified by DOT in 49 CFR 172.101 as UN0431 or UN0432.
(5) "Assembler" means any person engaged in the making of fireworks from
component parts.
(6) "Class C Public Display" means the outdoor display of only 1.4G and consumer
fireworks for any purpose relating to the amusement of the general public sanctioned or made
by a public entity.
(7) "Consumer fireworks" are small fireworks usually sold at retail to consumers
during designated periods. These include a number of small devices designed to produce
audible effects, ground devices containing fifty milligrams (50 mg) or less of flash powder,
and aerial devices containing one hundred thirty milligrams (130 mg) or less of flash powder.
The DOT classifies consumer fireworks in 49 CFR 172.101 as UN0336 and UN0337.
(8)(a) "Display fireworks" are large fireworks used in commercial display shows
under the direct supervision of a licensed pyrotechnic operator. These fireworks are designed
primarily to produce visible or audible effects by combustion, deflagration, or detonation.
They include but are not limited to salutes containing more than two grains (130 mg) of flash
powder, aerial shells containing more than forty grams of pyrotechnic compositions, and
other display pieces which exceed the limits of explosive materials for classification as
consumer fireworks. They also include fused set pieces containing components which
together exceed fifty milligrams (50 mg) of flash powder. Display fireworks are classified
by DOT in 49 CFR 172.101 as UN0333, UN0334, or UN0335.
(b) As provided for in this Paragraph, aerial shells containing more than forty grams
of pyrotechnic compositions include any break charge and visible or audible effect
compositions, but are exclusive of lift charge.
(9) "Distributor" means any person engaged in the business of making sales of
fireworks at wholesale in this state to any person engaged in the business of making sales of
fireworks either as a jobber or a retailer or both.
(10) "Fire prevention officer" means a chief of a fire department, a sheriff, a
constable, another local enforcement officer primarily responsible for fire prevention, or if
there is no local fire authority, the state fire marshal or his designee.
(11) "Firework" and "pyrotechnic" mean a broad composition or device used for the
purpose of producing a visible or audible effect by combustion, explosion, deflagration, or
detonation, and which are further defined in three general categories: "articles pyrotechnic",
"consumer fireworks", and "display fireworks". The term "firework" does not include blank
cartridges, railroad flares, model rockets, or any novelty or toy cap pistols, caps, toy canes,
toy guns, or other devices in which paper caps containing twenty-five hundredths (25/100)
grains or less of explosive compounds are used, provided they are so constructed that the
hand cannot come in contact with the cap when in place for exploding, and toy paper pistol
caps which contain less than twenty-five hundredths (25/100) grains of explosive
compounds. The provisions of this Paragraph shall not be construed to impose labeling
requirements for any fireworks or novelties other than those required as provided in federal
law.
(12) "Firm" means a sole proprietorship, partnership, corporation, limited liability
company, or any other entity.
(13) "Illegal firework" means a firework device assembled, manufactured,
distributed, or sold in violation of this Part.
(14) "Importer" means any person who imports, brings in, or causes to be brought
in any fireworks from outside the state of Louisiana into the state of Louisiana. "Importer"
does not include a jobber or retailer who purchases fireworks from a distributor domiciled
in Louisiana and who subsequently stores the fireworks in a warehouse outside of Louisiana
with the intention of bringing the fireworks back into Louisiana after a short period of time
to be distributed to other retailers in Louisiana or to be used in the purchaser's retail business.
(15) "IMS system" means the information management system operated and
maintained by the office of state fire marshal.
(16) "Jobber" means any person engaged in the business of making sales of fireworks
at wholesale to any other person engaged in the business of making sales at retail.
(17) "License" means the document issued by the office of state fire marshal to a firm
or person authorizing the firm or person to engage in the activities as defined by this Part and
administrative rules.
(18) "Licensee" means any person or firm issued a license by the office of state fire
marshal to engage in the activities as defined by this Part and administrative rules.
(19) "Manufacturer" means any person engaged in making or construction of
pyrotechnic compounds or component parts.
(20) "Novelty" means a device containing small amounts of pyrotechnic or explosive
composition but does not fall under the category of consumer fireworks. Such devices
include but are not limited to snakes, tanks, poppers, and snappers that produce limited
visible or audible effects.
(21) "Office" means the office of state fire marshal.
(22) "Person" includes any firm, corporation, association, co-partnership, or one or
more individuals.
(23) "Proximate display" includes all indoor displays and means a pyrotechnic public
display involving the ignition of Fireworks 1.3G or Fireworks 1.4G for public viewing,
where the audience is closer to the pyrotechnic devices than permitted by NFPA 1123 Code
of Fireworks Display. The term does not include the use of Fireworks 1.4G by a retail
consumer for private or personal viewing.
(24) "Public display" means the display of 1.4S, 1.4G, or 1.3G fireworks, including
fireworks not listed as permissible in R.S. 51:651, used for any purpose relating to the
amusement of the general public.
(25) "Public entity" includes but is not limited to the state, its agencies, departments,
offices and commissions, political subdivisions, municipalities, and parishes.
(26) "Pyrotechnic operator" means an individual who, by experience and
examination, has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising public displays of Fireworks 1.3G.
(27) "Pyrotechnic operator" means a person licensed through the office of state fire
marshal who, by experience, training, and examination, has demonstrated the necessary skill
and ability for safely assembling, discharging, and supervising public displays of 1.3G or
1.4G Fireworks.
(28) "Pyrotechnic special effects operator" means an individual who, by experience
and examination, has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising proximate displays of Fireworks 1.3G, 1.4G, and 1.4S.
(29) "Retailer" means any person engaged in the business of making sales of
fireworks at retail to persons other than a distributor or a jobber.
(30) "Sale" includes barter, exchange, or gift or offer therefor, and each such
transaction made by any person, whether as principal, proprietor, agent, servant or employee.

Legislative History

Acts 1958, No. 63, §7. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2003, No. 398, §2; Acts 2012, No. 10, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.