You asked what state or federal requirements apply to the storage and transportation of fireworks.

SUMMARY

The federal Consumer Products Safety Commission regulates the sale of fireworks nationally. It divides fireworks into two basic categories—consumer fireworks, which may be sold to the public where state law allows, and display fireworks, which may not be sold to the public and are used for professional fireworks shows. The distinction is based primarily on the amount of pyrotechnic material (e. g. , gunpowder) and certain elements of their design.

With the exception of “sparklers,” which the law defines, the sale, offer of sale, and use of fireworks is illegal in Connecticut. Fireworks may be manufactured in Connecticut provided the manufacturer has a state-issued permit and the product is shipped out-of-state. Fireworks storage is primarily governed by state law and Department of Public Safety (DPS) regulations. DPS also has a state fireworks code that primarily governs how fireworks used for public display must be handled.

The transportation of fireworks is governed by federal Department of Transportation regulations governing hazardous materials transportation. The state adopts these as state requirements by reference.

STORAGE OF FIREWORKS

State law and DPS regulations govern the storage of fireworks in Connecticut. State law adopts by reference federal regulations of the U. S. Department of Transportation with respect to the transportation of fireworks. Fireworks are considered hazardous materials under these regulations.

State law prohibits anyone from offering fireworks for sale, exposing them for sale, selling them at retail, using or exploding them, or possessing them with intent to sell, use, or explode. The only exception to this ban is for “sparklers,” which is defined as fireworks of not more than 100 grams of pyrotechnic mixture per item and which are both non-explosive and non-aerial (CGS § 29-357). “Fireworks” is defined as any combustible or explosive composition, or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.

Display fireworks (also known as special fireworks) are considered a Class B explosive under DPS regulations and are governed by the storage regulations applicable to explosives. We have included a copy of the regulations (Conn. Agencies Reg. §§ 29-349-106 through 29-349-261 and 29-349-341 through 29-349-345) that appear to have general applicability to fireworks as explosives as opposed to all commercial applications of explosives.

DPS also has regulations establishing the Connecticut Fireworks and Special Effects Code (Conn. Agencies Reg. §§ 29-357-1a through 29-357-16a) and governing the sale and storage of Class B (Display) and Class C (Consumer) fireworks (Conn. Agencies Reg. §§ 29-357-17a through 29-357-23a). Copies of these regulations are also included for your use.

TRANSPORTATION OF FIREWORKS

DPS regulations require vehicles used to transport fireworks to comply with U. S. Department of Transportation regulations regarding transportation of hazardous materials. These federal regulations cover vehicle placarding, shipping papers, route plans, packaging, parking restrictions, vehicle attendance, emergency equipment and procedures, driver training, and medical certificates for drivers. The federal regulations may be found at 49 CFR Parts 172 –178.

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