# Title 23 — Health and Safety

## Chapter 23-15 — Fireworks

### § 23-15-01. Fireworks defined - Sale of fireworks.

1. The term fireworks means any combustible or explosive composition, or any
substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration, or
detonation. The term includes any blank cartridge, toy pistol, toy cannon, toy cane, or
toy gun in which an explosive other than a toy paper cap is used; balloon that requires
fire underneath to propel the balloon; firecracker, torpedo, skyrocket, Roman candle,
daygo bomb, sparkler, or other item of like construction; item containing any explosive
or flammable compound; or any tablet or other device containing any explosive
substance. This section does not apply to any toy paper cap containing not more than
twenty-five hundredths of a grain [16.20 milligrams] of explosive composition per cap.
2. Any person operating a retail business and who has a retail license as provided in
section 23-15-04 may offer for sale and sell at retail that year, to any individual who is
at least twelve years of age, only during the periods of June twenty-seventh through
July fifth and December twenty-sixth through January first, the following items:
a. A star light, with wood spike cemented in one end, total pyrotechnic composition
not to exceed twenty grams each in weight (10 ball). However, a person may not
offer to sell or offer to distribute a skyrocket, customarily known as a bottle rocket,
if the outside diameter of the casing is less than five-eighths inch [15.875
millimeters] and the length of the casing is less than three and one-half inches
[88.9 millimeters].
b. A helicopter type flyer, total pyrotechnic composition not to exceed twenty grams
each in weight.
c. A cylindrical fountain, total pyrotechnic composition not to exceed seventy-five
grams each in weight. The inside tube diameter may not exceed three-fourths
inch [19.05 millimeters].
d. A cone fountain, total pyrotechnic composition not to exceed fifty grams each in
weight.
e. A wheel, total pyrotechnic composition not to exceed sixty grams in weight, for
each driver unit, but there may be any number of drivers on any one wheel. The
inside bore of a driver tube may not be over one-half inch [12.7 millimeters].
f. An illuminating torch or a colored fire in any form, total pyrotechnic composition
not to exceed one hundred grams each in weight.
g. A sparkler or a dipped stick, total pyrotechnic composition not to exceed one
hundred grams each in weight. Pyrotechnic composition containing any chlorate
may not exceed five grams.
h. A comet or shell, of which the mortar is an integral part, except a comet or shell
designed to produce an audible effect, total pyrotechnic composition not to
exceed forty grams each in weight.
i. A soft shell firecracker not to exceed one and one-half inches [38.1 millimeters] in
length and one-fourth inch [6.35 millimeters] in diameter, total pyrotechnic
composition not to exceed fifty milligrams each in weight.
j. A whistle without report, total pyrotechnic composition not to exceed forty grams
each in weight.
### § 23-15-02. Sale of fireworks prohibited.

Except as otherwise provided in this chapter, no person may offer for sale, expose for sale,
sell at retail, bring into this state or cause to be brought into this state, or use or explode any
fireworks.

### § 23-15-03. Public display of fireworks permitted by municipality or fair association

within its limits - Supervised display allowed - Permit required - Duty of fire marshal to
establish regulations.
This chapter does not prohibit supervised public displays of fireworks by cities, fair
associations, amusement parks, and other organizations. Except when such display is given by
a municipality or fair association within its own limits, no display may be given unless a permit
therefor has first been secured. Every application for such a permit must be made in writing to
the city auditor at least fifteen days in advance of the date of the display. The application
promptly must be referred to the governing body of the city which shall make an investigation to
determine whether the operator of the display is competent and whether the display is of such
character and is to be so located, discharged, or fired that it will not be hazardous to property or
endanger any person. Such governing body shall report the results of this investigation to the
city auditor and if it reports that in its opinion the operator is competent and that the display as
planned will conform to safety requirements, including the rules and regulations of the state fire
marshal hereinafter provided for, such auditor shall issue a permit for the display when the
applicant pays a permit fee of two dollars. When the supervised public display for which a permit
is sought is to be held outside the limits of an incorporated municipality, the application must be
made to the county auditor and the duties imposed by this chapter upon the city auditor must be
performed in such case by the county auditor. The duties imposed on the governing body of the
city by this chapter must be performed in such case by the board of county commissioners. After
such permit has been granted, sales, possession, use, and distribution of fireworks for such
display are lawful for that purpose only. No permit granted hereunder is transferable. The state
fire marshal shall adopt reasonable rules and regulations not inconsistent with the provisions of
this chapter to ensure that fireworks displays are given safely.
### § 23-15-04. Exceptions.

1. This chapter does not prohibit:
a. A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that
are not prohibited.
b. The sale of any kind of fireworks for shipment directly out of the state.
c. The use of fireworks by transportation agencies for signal purposes or
illumination.
d. The sale or use of blank cartridges for a show or theater, for signal or ceremonial
purposes in athletics or sports, or for use by military organizations.
2. An application for a license as distributor must be made to the state fire marshal on
forms prescribed by the state fire marshal. An application for a license as a retailer
must be made to the county sheriff on forms prescribed by the state fire marshal. Each
application must be accompanied by the required fee, which must be two hundred fifty
dollars for a distributor's license and twenty dollars for a retailer's license. Fees for
distributors' licenses must be deposited in the insurance regulatory trust fund in the
state treasury and fees for retailers' licenses must be deposited in the county general
fund. The license is valid only for the calendar year in which issued and must at all
times be displayed at the place of business of the licensee. The licenses are in
addition to any other license required by law or municipal ordinance. The licensing
provisions of this section do not apply to a retailer who is required to become licensed
by any municipality. Any license fee levied by a municipality must be deposited in the
municipality's general fund.
3. A person not licensed as a wholesaler or retailer may not bring any fireworks into this
state, and a retailer may not sell any fireworks that have not been purchased from a
wholesaler licensed under this chapter. A person licensed under this chapter shall
keep available for inspection by the state fire marshal or any sheriff, police officer, or
local fire marshal a copy of each invoice for fireworks purchased as long as any
fireworks included on the invoice are held in the licensee's possession, which invoice
must show the license number of the wholesaler from whom the purchase was made.

### § 23-15-05. State fire marshal or sheriff to seize all fireworks or combustibles.

The state fire marshal or any sheriff, police officer, or local fire marshal shall seize, take,
remove, or cause to be removed at the expense of the owner all fireworks or combustibles
offered or exposed for sale, stored, or held for use in violation of this chapter.
### § 23-15-06. General penalty.

Any person violating the provisions of this chapter is guilty of a class B misdemeanor.
