28-1241 Fireworks; definitions. - Nebraska Statutes

28-1241. Fireworks; definitions.As used in sections 28-1239.01 and 28-1241 to 28-1252, unlessthe context otherwise requires:(1) Distributor means any person engaged in the business ofmaking sales of fireworks at wholesale in this state to any person engagedin the business of making sales of fireworks either as a jobber or as a retaileror both;(2) Jobber means any person engaged in the business of makingsales of fireworks at wholesale to any other person engaged in the businessof making sales at retail;(3) Retailer means any person engaged in the business of makingsales of fireworks at retail to consumers or to persons other than distributorsor jobbers;(4) Sale includes barter, exchange, or gift or offer thereforand each such transaction made by any person, whether as principal, proprietor,agent, servant, or employee;(5) Fireworks means any composition or device designed forthe purpose of producing a visible or audible effect by combustion, deflagration,or detonation and which meets the definition of consumer orspecial fireworks set forth by the United States Department of Transportationin Title 49 of the Code of Federal Regulations;(6)(a) Consumer fireworksmeans any of thefollowing devices that (i) meet the requirements set forth in 16 C.F.R. parts1500 and 1507, as such regulations existed on January 1, 2010, and (ii) aretested and approved by a nationally recognized testing facility or by theState Fire Marshal:(A) Any smallfirework device designed to produce visible effects by combustion and whichis required to comply with the construction, chemical composition, and labelingregulations of the United States Consumer Product Safety Commission set forthin 16 C.F.R., as such regulations existed on January 1, 2010;(B) Any smalldevice designed to produce audible effects such as a whistling device;(C) Any grounddevice or firecracker containing fifty milligrams or less of explosive composition;or(D) Any aerial device containing one hundred thirty milligrams orless of explosive composition.(b) Class C explosives as classified bythe United States Department of Transportation shall be considered consumerfireworks.(c) Consumer fireworks does not include:(i) Rockets that are mountedon a stick or wire and project into the air when ignited, with or withoutreport;(ii) Wire sparklers, except that silver and gold sparklers are deemedto be consumer fireworks until January 1, 2014;(iii) Nighttime parachutes;(iv) Fireworksthat are shot into the air and after coming to the ground cause automaticignition due to sufficient temperature;(v) Firecrackers that contain more thanfifty milligrams of explosive composition; and(vi) Fireworks that havebeen tested by the State Fire Marshal as a response to complaints and havebeen deemed to be unsafe; and(7) Display fireworks means those materialsmanufactured exclusively for use in public exhibitions or displays of fireworksdesigned to produce visible or audible effects by combustion, deflagration,or detonation. Display fireworks includes, but is not limited to, firecrackerscontaining more than one hundred thirty milligrams of explosive composition,aerial shells containing more than forty grams of explosive composition, andother display pieces which exceed the limits for classification as consumer fireworks. Class B explosives, also known as 1.3G explosives, as classified by the UnitedStates Department of Transportation in49 C.F.R. 172.101, as such regulation existed on January 1, 2010, shallbe considered display fireworks. Display fireworks shall be considered anexplosive as defined in section 28-1213 and shall be subject to sections 28-1213to 28-1239, except that display fireworks may be purchased, received, anddischarged by the holder of an approved display permit issued pursuant tosection 28-1239.01. SourceLaws 1977, LB 38, § 273; Laws 1986, LB 969, § 2; Laws 1988, LB 893, § 3; Laws 2006, LB 1007, § 2; Laws 2010, LB880, § 3.Operative Date: October 1, 2010