01-13-2020 Council Work Session Packet

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Public Display Fireworks Operator Guidelines June 2011 Page 18 instructed and continually supervised; or 5. otherwise failed to comply with any federal or state law or regulation, or these guidelines, relating to fireworks. A conviction of a felony, gross misdemeanor, or misdemeanor involving fireworks or explosives may be considered as evidence of failure to comply with federal or state law. Operator Restrictions An operator’s certification is not valid after it has been suspended or revoked. An operator, therefore, is not authorized to supervise a fireworks display during a suspension or revocation. Surrender of Certificate When certification has been suspended or revoked, the operator must immediately surrender the certificate to the State Fire Marshal. Length of Suspension Suspensions will be for a period of a minimum of 30 calendar days each. After the suspension period ends, the State Fire Marshal will return the operator’s certificate. Length of Revocation Each revocation is for a minimum of one year, unless otherwise determined by the State Fire Marshal based on the circumstances causing the revocation. Once an operator’s certification has been revoked, the certification may only be reinstated after the operator has followed the procedures outlined in the “CERTIFICATION” section of this guideline. PART E: FEDERAL REQUIRMENTS Display fireworks are explosive materials subject to regulation under the Federal explosives law and regulation. You must obtain a license or permit from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) in order to manufacture, use or possess display fireworks (27 CFR Part 555 Subpart D). In addition, you must comply with all storage requirements outlined in Subpart K of 27 CFR Part 555. Definition of Display Fireworks Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks.” Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused set pieces containing components, which together exceed 50 mg of salute powder. More information on this subject can be found at www.atf.gov. To apply, contact the ATF St. Paul II Industry Operations office at 651-726-0220.