§ 23-15-01 — Fireworks defined - Sale of fireworks

1. The term fireworks means any combustible or explosive composition, or any
substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration, or
detonation. The term includes any blank cartridge, toy pistol, toy cannon, toy cane, or
toy gun in which an explosive other than a toy paper cap is used; balloon that requires
fire underneath to propel the balloon; firecracker, torpedo, skyrocket, Roman candle,
daygo bomb, sparkler, or other item of like construction; item containing any explosive
or flammable compound; or any tablet or other device containing any explosive
substance. This section does not apply to any toy paper cap containing not more than
twenty-five hundredths of a grain [16.20 milligrams] of explosive composition per cap.
2. Any person operating a retail business and who has a retail license as provided in
section 23-15-04 may offer for sale and sell at retail that year, to any individual who is
at least twelve years of age, only during the periods of June twenty-seventh through
July fifth and December twenty-sixth through January first, the following items:
a. A star light, with wood spike cemented in one end, total pyrotechnic composition
not to exceed twenty grams each in weight (10 ball). However, a person may not
offer to sell or offer to distribute a skyrocket, customarily known as a bottle rocket,
if the outside diameter of the casing is less than five-eighths inch [15.875
millimeters] and the length of the casing is less than three and one-half inches
[88.9 millimeters].
b. A helicopter type flyer, total pyrotechnic composition not to exceed twenty grams
each in weight.
c. A cylindrical fountain, total pyrotechnic composition not to exceed seventy-five
grams each in weight. The inside tube diameter may not exceed three-fourths
inch [19.05 millimeters].
d. A cone fountain, total pyrotechnic composition not to exceed fifty grams each in
weight.
e. A wheel, total pyrotechnic composition not to exceed sixty grams in weight, for
each driver unit, but there may be any number of drivers on any one wheel. The
inside bore of a driver tube may not be over one-half inch [12.7 millimeters].
f. An illuminating torch or a colored fire in any form, total pyrotechnic composition
not to exceed one hundred grams each in weight.
g. A sparkler or a dipped stick, total pyrotechnic composition not to exceed one
hundred grams each in weight. Pyrotechnic composition containing any chlorate
may not exceed five grams.
h. A comet or shell, of which the mortar is an integral part, except a comet or shell
designed to produce an audible effect, total pyrotechnic composition not to
exceed forty grams each in weight.
i. A soft shell firecracker not to exceed one and one-half inches [38.1 millimeters] in
length and one-fourth inch [6.35 millimeters] in diameter, total pyrotechnic
composition not to exceed fifty milligrams each in weight.
j. A whistle without report, total pyrotechnic composition not to exceed forty grams
each in weight.