Are M80`S Legal in South Carolina

At Dynamite Fireworks, we don`t just sell high-quality branded fireworks. We also provide you with the information you need to use it responsibly, legally and safely. If you have any questions or concerns, call us at (219) 937-4090. We look forward to becoming your one-stop shop for all your fireworks needs! Section 23-35-10, referred to in subsection (A)(1), was repealed by Act No. 196 of 2010, section 2. Law No. 196 of 2010, Section 1, promulgated the new Article 40-56-20, which contains definitions for Chapter 56, Title 40, State Council for Pyrotechnic Safety. Law. CODE TITLE 40. OCCUPATIONS AND OCCUPATIONS CHAPTER 56. NATIONAL PYROTECHNIC SAFETY AUTHORITY SECTION 40-56-1. Policy and purpose.

It is the policy of this State and the purpose of this chapter to promote the safety of the public and the environment through effective regulation of pyrotechnics. Public safety requires that persons handling fireworks have demonstrated their qualifications, that they meet reliable safety standards, and that the sites where fireworks are manufactured, stored and sold meet reliable safety standards. It is neither the policy of that State nor the purpose of this chapter to unreasonably restrict entry into the field of pyrotechnics. SECTION 40-56-5. Applicability. Except as otherwise provided in this Chapter, Title 40 of Chapter 1 applies to the Pyrotechnic Safety Council and to licensees governed by this Chapter. In the event of any conflict between this Chapter and Chapter 1, the provisions of this Chapter shall prevail. ARTICLE 40-56-10. State Office of Pyrotechnic Safety. (a) The State Council for Pyrotechnic Safety shall be composed of seven members appointed by the Governor. One officer must be employed by a local fire department, one must be an ar-art retailer, one must be a pyrotechnic wholesaler, one must be a law enforcement official, and three must be members of the public who must not have a financial interest in a unit operating in a store directly related to the sale of fireworks. A seat on the board of directors that remains vacant for sixty days must be filled by an appointment by the chairman of the House Committee on Labour, Commerce and Industry and the chairman of the Senate Committee on Labour, Commerce and Industry.

(B) The term of office of the members shall be four years and until the appointment and qualification of their successors. Vacancies must be filled on the original date for the part of the term that has not yet expired. (C) The Management Board shall meet at least once a year and not more than once a month. All meetings must be convened by the President. The Management Board shall elect from among its members a Chairman, a Vice-Chairperson and such other officials as it deems necessary for a term of one year and until the election and qualification of their successors. All members receive daily miles and persevering expenses in accordance with the law for members of state councils, committees and commissions during the days when they conduct official business to be paid by the council. (D) The Office of the State Fire Marshal of the Department shall provide the administrative assistance required by the Board of Trustees to carry out its mandated tasks. The state fire marshal is an official councillor and is authorized to attend all meetings. SECTION 40-56-20. Definitions.

As used in this chapter: (1) “APA” means the American Pyrotechnics Association. (2) “Council” means the National Office for Pyrotechnic Safety. (3) `consumer fireworks` means any small fireworks display that produces visible effects from combustion and must comply with the design, chemical composition and labelling requirements of the United States Consumer Product Safety Commission in accordance with Title 16, Code of Federal Regulations, Parts 1500 and 1507 and APA 87-1. Some small devices designed to produce audible effects are consumer fireworks, including but not limited to whistles, ground aids containing 50 mg or less of explosive material, and pneumatic devices containing 130 mg or less of explosive material. Consumer fireworks are classified by the U.S. Department of Transportation under 49 C.F.R. 172.101 as UN0336 and UN0337 fireworks. This term includes unfused parts containing components that together exceed 50 mg of salvation powder. Consumer fireworks are defined more broadly than those classified in the U.S.

Department of Transportation`s hazard class 1.4G. These fireworks were once known as “Class C fireworks”. (4) “CPSC” means the U.S. Consumer Product Safety Commission. (5) “Department” means the Ministry of Labour, Licensing and Regulation. 6. `fireworks` means large fireworks intended 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 material, compressed air grenades containing more than 40 grams of pyrotechnic composition, and other parts that exceed the limits for explosive materials to be classified as “consumer fireworks”.

Fireworks are classified by the U.S. Department of Transportation under 49 C.F. R. 172.101 as UN0333, UN0334, or UN0335 fireworks. This term also includes molten parts that contain components that together exceed 50 mg of salvation powder. Fireworks are defined more broadly than those classified by the United States. Ministry of Transport as Hazard Classification 1.3G. These fireworks were once known as “Class B fireworks”. (7) “DOT” means the U.S. Department of Transportation. 8.

`fireworks` means any composition or device intended to produce a visible or audible effect by combustion, deflagration or detonation and which meets the definition of `consumer fireworks` or `fireworks` for the purposes of this Section. (9) “Licensee” means a natural or legal person to whom the Board of Directors has granted a licence to manufacture, sell or store fireworks in accordance with the provisions of this Chapter. (10) “NFPA” means the National Fire Protection Association. 11. `pyrotechnics` means any composition or device intended to produce visible or audible effects for entertainment purposes by combustion, deflagration or detonation. 12. `small bottled rocket` means consumer fireworks with an engine of less than half an inch in diameter and a length of three inches, a stabilizing rod of less than fifteen inches in length and a total pyrotechnic composition not exceeding 20 g. SECTION 40-56-30. Non-compliance with the chapter is illegal. It is illegal for a person to participate in the manufacture, storage or sale of pyrotechnics unless it is done in accordance with this Chapter. ARTICLE 40-56-35.

Licence required for the manufacture, sale or storage of fireworks; Exceptions. (A) Except as otherwise provided in this Section, any person, corporation or entity that manufactures, sells or stores fireworks must obtain a licence from the Board of Directors in accordance with this Chapter. The general licensing requirements are as follows: (1) A licence may not be issued to persons under the age of eighteen. (2) The application for admission shall be made on the forms prescribed by the Board with the applicable fees. 3. A licence is required for any physical address or place where fireworks are manufactured, sold or stored. (4) A copy of the applicable license issued by the South Carolina Department of Revenue for the retail sale of fireworks shall be accompanied by any application for a license to retail fireworks. (5) Initial licence applications and licence renewal applications may be approved only after an authorized representative of the board of directors has verified compliance with the applicable regulations and standards of the buildings and facilities in which fireworks are to be manufactured, sold or stored. 6.

All licences and authorizations can only be issued for one calendar year. 7. Licences shall be affixed visibly to the registered office of the licensee approved for the manufacture, sale or storage of fireworks. (8) Licences granted by the Board of Directors are not transferable. (B) A licence is not required for: (1) the manufacture, sale, storage, transportation, handling or any combination thereof, including but not limited to railway torpedoes, automotive, aerospace and marine flares and smoke signals; (2) the transportation, storage, handling or use of fireworks or any combination thereof by the armed forces of the United States; (3) the transportation, handling or use of fireworks, or any combination thereof, by the Crown Fire Marshal, his employees or a designated law enforcement officer acting in his or her official capacity; or (4) fireworks deregulated by the U.S. Department of Transportation. SECTION 40-56-50. Administrative assistance. The Ministry of Labour, Licensing and Regulation carries out all administrative, fiscal, investigation, inspection, office, secretarial and licence renewal operations and activities of the Commission in accordance with Chapter 1.

SECTION 40-56-70. Functions of the Commission. (A) It is the duty and responsibility of the Board of Directors to make regulations on pyrotechnics in that State in accordance with the Act on Administrative Procedure, including the Manufacture, Sale, Storage and Fire Protection of Such Products. Those provisions shall be adapted in accordance with the procedures laid down in Chapter 34( 1). (B) The Commission may hold hearings on alleged violations of this Chapter or the regulations made under this Chapter by such licensees and take disciplinary action in respect of such violations. (C) The Council shall also recommend to the General Assembly any legislation it deems necessary for the safety and control of the sale of pyrotechnics. ARTICLE 40-56-80. investigations; inspections; seizure of illegal fireworks; The commission may require the presence of witnesses. (A) The Ministry of Labour, Licensing and Regulatory Affairs investigates complaints and violations of this chapter in accordance with Chapter 1.