A. The purpose of this act is to enact a licensing program for outdoor display fireworks for Oklahoma entities and a licensing program for individuals conducting outdoor fireworks displays in this state. The purpose of these programs is to ensure a level of competence that promotes safety for the public, fire service personnel, and fireworks display operators and their employees and service personnel. It is not the purpose of this act to regulate United States Department of Transportation Division 1.4G consumer fireworks as defined by NFPA standards or paragraph 2 of Section 1622 of Title 68 of the Oklahoma Statutes.

B. As used in this act:

1. “Licensed outdoor display operator” means an individual who by experience, training, and examination recognized and approved by the State Fire Marshal has demonstrated the necessary knowledge and ability to safely assemble, discharge and supervise outdoor display fireworks in accordance with NFPA 1123;

2. "Operator" shall have the same meaning as "licensed outdoor display operator", as defined in paragraph 1 of this subsection;

3. “Display fireworks” means fireworks devices that are primarily intended for commercial displays which are designed to produce visible and/or audible effects by combustion, deflagration or detonation. Display fireworks include, but are not limited to, salutes containing more than two grains (130mg) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic compositions and other exhibition display items that exceed the limits for consumer fireworks according to the United States Department of Transportation (DOT);

4. “Event” means any function or gathering at which there will be a fireworks display. If a function or gathering lasts more than one (1) day, each day is a separate event. Event does not include any function or gathering at which only consumer fireworks, as defined in paragraph 2 of Section 1622 of Title 68 of the Oklahoma Statutes, will be used exclusively;

5. "Distributor" means any person engaged in the business of making sales of display fireworks as defined in paragraph 3 of Section 1622 of Title 68 of the Oklahoma Statutes or materials to Oklahoma-licensed or -permitted entities for the purpose of providing fireworks or pyrotechnic display services in this state. A distributor may sell display fireworks only to Oklahoma-licensed or -permitted entities. An out-of-state distributor shall not be required to obtain an Oklahoma license when selling exclusively to a holder of an Oklahoma manufacturer, distributor, or wholesaler license;

6. “NFPA” means the National Fire Protection Association;

7. “NFPA 1123” means the NFPA publication entitled “NFPA 1123: Code for Fireworks Display”, 2010 Edition or any subsequent edition that has been adopted by the State Fire Marshal by rule;

8. “NFPA 1124” means the NFPA publication entitled “NFPA 1124: Code for Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles”, 2006 Edition or any subsequent edition that has been adopted by the State Fire Marshal by rule;

9. “NFPA 1126” means the NFPA publication entitled “NFPA 1126: Standards for the Use of Pyrotechnics Before a Proximate Audience”, 2011 Edition or any subsequent edition that has been adopted by the State Fire Marshal by rule;

10. “Outdoor fireworks display” means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123;

11. “Proximate pyrotechnics” means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition but that are not intended for consumer use, and that are defined by NFPA 1126 as 1.4G or 1.4S fireworks or pyrotechnics;

12. “Proximate pyrotechnic display” means the use of pyrotechnic devices and materials, 1.4G or 1.4S fireworks or pyrotechnics when any portion of the audience is closer than permitted by NFPA 1123, and subject to NFPA 1126 requirements; and

13. “Sponsor” means any person or organization which contracts with a licensed entity, licensed distributor or licensed outdoor display operator to conduct a fireworks display.

Added by Laws 2011, c. 238, § 1, eff. May 1, 2012.