S.C. Code Regs. § § 71-7405.1

Current through Register Vol. 48, No. 9, September 27, 2024

Section 71-7405.1 - General

A. The purpose of this regulation is to provide reasonable safety and protection to the public, public property, private property, and licensees from the manufacture, storage, sale and possession of fireworks in South Carolina.

B. This regulation shall apply to:

1. The manufacture, sale, storage, and possession of fireworks.

2. The licensing of persons or entities manufacturing, selling or storing fireworks.

C. This regulation shall not apply to:

1. The handling, use, and transportation of pyrotechnics and fireworks regulated by the Office of State Fire Marshal pursuant to SCRR 71-8300, et seq.

2. The transportation, handling, and/or use of fireworks by the State Fire Marshal, his employees, or any commissioned law enforcement officers acting within their official capacities.

3. Fireworks when regulated by the U.S. Department of Transportation.

4. Weapons used in enactments, when there is no projectile.

5. The outdoor use of model rockets within the scope of NFPA 1122.

D. Definitions

1. "Board" means The State Board of Pyrotechnic Safety.

2. "Consumer Fireworks" means any small device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials. Consumer fireworks are classified as fireworks UN0336, and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components, which together exceed 50 mg of salute powder. Consumer Fireworks are further defined as those classified by the U.S. Department of Transportation hazard classification 1.4G. These fireworks were formerly known as "Class C Fireworks."

3. "Department" means The South Carolina Department of Labor, Licensing and Regulation.

4. "Display Fireworks" means 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. Display fireworks are further defined as those classified by the U.S. Department of Transportation as hazard classification 1.3G. These fireworks were formerly known as "Class B Fireworks."

5. "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration or detonation, and which meets the definition of "consumer fireworks" or "display fireworks" as defined by this section.

6. "Jobber" means a person or entity that only purchases consumer fireworks from a wholesale distributor licensed to do business in South Carolina and only sells consumer fireworks to retailers licensed to do business in South Carolina.

7. "Manufacturer" means a person or entity licensed to manufacture consumer or display fireworks in South Carolina.

8. "NFPA" means the National Fire Protection Association.

9. "Pyrotechnics" means any composition or device designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation.

10. "Retailer" means a person or entity that only purchases consumer fireworks from a wholesale distributor or jobber licensed to do business in South Carolina and only sells consumer fireworks to the general public.

11. "Temporary Retail Permit" is a Retail Permit valid for up to ninety (90) days.

12. "Wholesale Distributor" means a person or entity that may buy foreign or domestic fireworks, store fireworks, supply or sell fireworks to any person or entity holding the proper South Carolina license.

S.C. Code Regs. § 71-7405.1

Added by State Register Volume 33, Issue No. 2, eff February 27, 2009.