§ 11-13-1. Sale, use or possession of fireworks.
(a) No person shall offer for sale at retail or at wholesale, shall possess or have under
his or her control, use or explode, or cause to explode for exhibition or amusement,
display fireworks or aerial consumer fireworks unless permits are obtained pursuant
to this chapter and chapter 23-28.11. Display fireworks are defined in the American
pyrotechnic association standard 87-1 (APA 87-1) 2001 Edition section 2.7.2 and are
classified as explosives 1.3G by the U.S. department of transportation (U.S. DOT),
UN0335. Aerial consumer fireworks are defined in APA 87-1 2001 Edition section 3.1.2.
and are classified 1.4G U.S. DOT, UN 0336. Certain fireworks and devices that are
exempt from the definitions of display fireworks and aerial consumer fireworks shall
include, but are not limited to, the following: ground-based and hand-held sparkling
devices (non-aerial fireworks) as defined in APA 87-1 2001 Edition sections 3.1.1
and 3.5, and include the following: fountains, illuminating torches, wheels, ground
spinners, flitter sparklers, sparkers; novelties, which are defined in the APA 87-1
2001 Edition section 3.2 and include the following: party poppers, snappers, toy smoke
devices, snakes, glow worms, wire sparklers and dipped sticks; paper caps containing
not more than twenty-five hundredths (0.025) grains of explosive mixture ammunition
to be consumed by weapons used for sporting and hunting purposes, and model rockets
and model rocket engines, designed, sold and used for the purpose of propelling recoverable
aero models). The storage, possession, sale, transportation and use of the items in
the above reference section that are not included in the definition of display fireworks
and aerial consumer fireworks shall be allowed at all times throughout the state for
persons at least sixteen (16) years of age. Permits for display fireworks and aerial
consumer fireworks for commercial display may be issued in accordance with provisions
of the Rhode Island Fire Safety Code, chapters 28.1 — 28.39 of title 23. Fireworks
display of display and aerial consumer fireworks by any municipality, fair association,
amusement park, or other organization or group of individuals is permitted, on condition
that the display shall be made by a competent operator approved by the local fire
authority and shall be of such character as in the opinion of the fire authority will
not be hazardous to persons or property; and, provided further, that the foregoing
shall not apply the use of display and aerial consumer fireworks by common carriers
for signal or illumination purposes, the use of blank cartridges in any show or theater,
the use of explosives for blasting, the use of display and aerial consumer fireworks
as signals in any athletic or sporting event, the use of display and aerial consumer
fireworks for ceremonial or military purposes, the sale of fireworks for shipment
out of this state, or the sale of fireworks for any use permitted pursuant to this
section, provided the person who sells, stores or transports display and aerial consumer
fireworks has a permit as required by the Rhode Island Fire Safety Code, chapters
28.1 — 28.39 of title 23.
(b) Any person violating the provisions of this section shall be guilty of a felony and
shall be fined not exceeding one thousand dollars ($1,000) for each offense and/or
imprisoned for not more than one year for each offense; except that any person using
or having in his or her possession without a permit with intent to use display and
aerial consumer fireworks with a value of under five hundred dollars ($500) shall
be guilty of a misdemeanor and shall upon conviction be fined not exceeding five hundred
dollars ($500) for each offense and/or imprisoned for not more than one year for each
offense.