Louisiana Revised Statutes 51:650 – Definitions
Terms Used In Louisiana Revised Statutes 51:650
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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. See Louisiana Revised Statutes 51:650
- Firm: means a sole proprietorship, partnership, corporation, limited liability company, or any other entity. See Louisiana Revised Statutes 51:650
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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. See Louisiana Revised Statutes 51:650
- 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. See Louisiana Revised Statutes 51:650
- Novelty: means a device containing small amounts of pyrotechnic or explosive composition but does not fall under the category of consumer fireworks. See Louisiana Revised Statutes 51:650
- Office: means the office of state fire marshal. See Louisiana Revised Statutes 51:650
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes any firm, corporation, association, co-partnership, or one or more individuals. See Louisiana Revised Statutes 51:650
- Public display: means the display of 1. See Louisiana Revised Statutes 51:650
- Public entity: includes but is not limited to the state, its agencies, departments, offices and commissions, political subdivisions, municipalities, and parishes. See Louisiana Revised Statutes 51:650
- 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. See Louisiana Revised Statutes 51:650
- Retailer: means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber. See Louisiana Revised Statutes 51:650
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 C.F.R. § 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 C.F.R. § 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 C.F.R. § 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 La. Rev. Stat. 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.
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.