GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 150

Short Title:  Prohibit Sale of Some Pyrotechnics.	(Public)

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Sponsors: Representatives Easterling; Adams, Alexander, Boyd-McIntyre, Clary, Cunningham, Dickson, Hackney, Hensley, Luebke, McCrary, Moore, Mosley, Nye, Smith, Wright, and Yongue.

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Referred to:  Judiciary I.

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February 13, 1997

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE SALE OF CERTAIN PYROTECHNICS IN NORTH CAROLINA.
Whereas, in North Carolina, between December 1, 1993, and July 15, 1994, over 50% of the fire departments, hospitals, and forestry departments that responded to a survey reported injury or property damage due to fireworks; and
Whereas, of the 41 injuries reported, half were second-degree burns, one person lost an eye, 51% of the victims were age 20 or younger, and 64% were male; and
Whereas, 62% of the fireworks-related fires involved fireworks that are now exempt in G.S. 14-414; and
Whereas, 22% of the fires and injuries were caused by firecrackers, 21% by rockets, 20% involved sparklers, and 16% involved smoke bombs; and
Whereas, nationally collected data indicate that legalized fireworks have proven to be costly in both human injury and property damage; and
Whereas, the United States Consumer Product Safety Commission reported that 12,900 injuries from fireworks were seen at hospital emergency departments in 1993; and
Whereas, in 1991, an estimated 28,000 fires involving fireworks were reported to fire departments across the nation, causing direct property damages estimated at $19,900,000;  Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-414 reads as rewritten:
"§ 14-414.  Pyrotechnics defined; exceptions.
For the proper construction of the provisions of this Article, ‘pyrotechnics,' as is herein used, shall be deemed to be and include any and all kinds of fireworks and explosives, which are used for exhibitions or amusement purposes: provided, however, that nothing herein contained shall prevent the manufacture, purchase, sale, transportation, and use of explosives or signaling flares used in the course of ordinary business or industry, or shells or cartridges used as ammunition in firearms. This Article shall not apply to the sale, use, or possession of the 
	explosive caps designed to be fired in toy pistols, provided that the explosive mixture of the explosive caps shall not exceed twenty-five hundredths (.25) of a gram for each cap.
								."
Section 2.  G.S. 14-410 reads as rewritten:
"§ 14-410.  Manufacture, sale and use of pyrotechnics prohibited; exceptions; sale to persons under the age of 16 prohibited.
	It shall be unlawful for any individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use or cause to be discharged any pyrotechnics of any description whatsoever within the State of North Carolina: provided, however, that it shall be permissible for pyrotechnics to be exhibited, used or discharged at public exhibitions, such as fairs, carnivals, shows of all descriptions and public celebrations: provided, further, that the use of said pyrotechnics in connection with public exhibitions, such as fairs, carnivals, shows of all descriptions and public celebrations, shall be under supervision of experts who have previously secured written authority from the board of county commissioners of the county in which said pyrotechnics are to be exhibited, used or discharged; provided, further, that such written authority from the board of commissioners is not required for a public exhibition authorized by The University of North Carolina or the University of North Carolina at Chapel Hill and conducted on lands or buildings in Orange County owned by The University of North Carolina or the University of North Carolina at Chapel Hill; provided, further, that it shall not be unlawful for a common carrier to receive, transport, and deliver pyrotechnics in the regular course of its business.
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Section 3.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.