New Hampshire Revised Statutes 160-B:19-a – Emergency Removal From Sale or Use of Unsafe Devices
Current as of: 2023 | Check for updates
|
Other versions
I. The commissioner may, upon the recommendation of the state fire marshal or the director of state police, prohibit the sale or use of any display or consumer fireworks that pose an imminent threat to life and property.
II. Upon notification by the commissioner or designee that a display or consumer firework is prohibited for sale or use, a person licensed to sell display or consumer fireworks shall remove the item from the sales area and shall not sell the item to any person.
For details, see N.H. Rev. Stat. 651:2
III. Any person who sells a display or consumer firework after being notified by the commissioner or designee that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s license for a minimum period of 30 consecutive days.
IV. Any person who uses a display or consumer firework after being notified by the commissioner or designee, or by a law enforcement officer or fire official that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s certificate of competency for a minimum period of 30 consecutive days.
V. Any license holder or certificate holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.
II. Upon notification by the commissioner or designee that a display or consumer firework is prohibited for sale or use, a person licensed to sell display or consumer fireworks shall remove the item from the sales area and shall not sell the item to any person.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 160-B:19-a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of the department of safety. See New Hampshire Revised Statutes 160-B:1
- Consumer fireworks: means consumer fireworks as defined in 27 C. See New Hampshire Revised Statutes 160-B:1
- Display: means the use, explosion, activation, ignition, discharge, firing or any other activity which is intended to cause or which causes a firework to do what it was manufactured to do. See New Hampshire Revised Statutes 160-B:1
- Fireworks: means fireworks as defined in 27 C. See New Hampshire Revised Statutes 160-B:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Sale: or "sell" means to sell, give or transfer to another, with or without consideration. See New Hampshire Revised Statutes 160-B:1
- sell: means to sell, give or transfer to another, with or without consideration. See New Hampshire Revised Statutes 160-B:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Any person who sells a display or consumer firework after being notified by the commissioner or designee that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s license for a minimum period of 30 consecutive days.
IV. Any person who uses a display or consumer firework after being notified by the commissioner or designee, or by a law enforcement officer or fire official that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator’s certificate of competency for a minimum period of 30 consecutive days.
V. Any license holder or certificate holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.