Maine Revised Statutes Title 8 Sec. 227-A – Requirements for obtaining permit
Current as of: 2023 | Check for updates
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1. Permits; requirements. A person may not conduct a display without a permit. The commissioner shall issue a permit to possess and conduct a fireworks or flame effects display to an applicant who:
A. Applies in writing to the commissioner for a permit at least 20 days in advance of the proposed display; [PL 2003, c. 521, §1 (AMD).]
B. Applies on forms furnished by the department. An application for a permit must include:
(1) A certificate of public liability insurance in the amount of $1,000,000 to cover loss, damage or injuries to persons or property that might result from the display; and
(2) A site plan for the proposed display depicting a diagram of the grounds or facilities at which or in which the display will be held. The diagram must show points of discharge, fallout areas, any buildings or other structures in proximity to the display site and the location of any audience that may be present. Distances of and distances between the points of discharge and any buildings or structures must be stated on the diagram; and [PL 2003, c. 521, §1 (AMD).]
[PL 2019, c. 249, §2 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 8 Sec. 227-A
- Commissioner: means the Commissioner of Public Safety or a designee. See Maine Revised Statutes Title 8 Sec. 221-A
- Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 221-A
- Display: includes a special effects display. See Maine Revised Statutes Title 8 Sec. 221-A
- Fireworks: means any:
A. See Maine Revised Statutes Title 8 Sec. 221-Ain writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Permit: means the nontransferable permission granted by the commissioner pursuant to section 227?A to hold a display. See Maine Revised Statutes Title 8 Sec. 221-A Person: means any individual, combination of individuals, association, municipality, amusement park or other legal or commercial entity. See Maine Revised Statutes Title 8 Sec. 221-A
2. Inspection. Upon receipt of a complete application, the department shall conduct an inspection of the proposed display site to determine the hazard posed by the display.
[PL 1999, c. 671, §6 (NEW).]
3. Fees. The fee for a permit is $30 per display and the fee for a site inspection is $111. The fee for all inspected indoor pyrotechnic and flame effects events that occur outside of normal business hours is $100.
[PL 2019, c. 249, §3 (AMD).]
4. Permits; violation. A person may not conduct a fireworks or flame effects display in violation of the permit issued under subsection 1.
[PL 2019, c. 249, §4 (AMD).]
5. Penalties. The following penalties apply.
A. A person who conducts a fireworks or flame effects display without a permit commits a Class D crime. [PL 2019, c. 249, §4 (AMD).]
B. A person who conducts a fireworks or flame effects display in violation of a permit issued under subsection 1 commits a Class E crime. [PL 2019, c. 249, §4 (AMD).]
[PL 2019, c. 249, §4 (AMD).]
6. Strict liability. Violation of this section is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2003, c. 452, Pt. C, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7. Indoor pyrotechnics and flame effects. All indoor pyrotechnic and flame effects events must be inspected by the State Fire Marshal or the State Fire Marshal’s designee.
[PL 2019, c. 249, §5 (AMD).]
SECTION HISTORY
PL 2003, c. 521, §§1-3 (AMD). PL 1999, c. 671, §6 (NEW). PL 2001, c. 437, §2 (AMD). PL 2001, c. 437, §§6,8 (AFF). PL 2003, c. 452, §C6 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2019, c. 249, §§2-5 (AMD).