“There are hundreds of licensed professional fireworks available to South Carolinians to enjoy the Fourth of July holiday,” Jones said. “Residents can consult with their local firefighters for fireworks demonstrations in their area.” Columbia Fire Chief Aubrey Jenkins advises to be careful where your fireworks fall. Article 23-35-10, referred to in subsection (A)(1), was repealed by Law No. 196 of 2010, Article 2. Article 1 of Law No. 196 of 2010 promulgated the new Article 40-56-20, which includes definitions from Chapter 56, Title 40, State Council of Pyrotechnic Safety. Law. CODE OF LAWS TITLE 40. OCCUPATIONS AND OCCUPATIONS CHAPTER 56. STATE COUNCIL OF PYROTECHNIC SAFETY SECTION 40-56-1. Policy and objective. It is the policy of this State and the purpose of this Chapter to promote public and environmental safety through the effective regulation of fireworks.

Public safety requires that persons handling fireworks have demonstrated qualifications, comply with reliable safety standards, and that the places where fireworks are manufactured, stored and sold meet reliable safety standards. It is neither the policy nor the purpose of this Chapter in this Chapter to unduly restrict access to pyrotechnic trafficking activity. ARTICLE 40-56-5. Applicability. Except as otherwise provided in this Chapter, Division 40 of Chapter 1 applies to the Pyrotechnic Safety Council and licensees to whom this Chapter applies. In the event of any conflict between this Chapter and Chapter 1, the provisions of this Chapter shall prevail. SECTION 40-56-10. National Agency for Pyrotechnic Safety. (A) The State Pyrotechnic Safety Council shall consist of seven members appointed by the Governor. One commissioner must be employed by a local fire department, one must be a fireworks retailer, one must be a fireworks wholesaler, one must be a law enforcement representative, and three must be members of the public who must have no financial interest in an establishment that carries on a business directly related to the sale of fireworks.

A seat on the Council that remains vacant for sixty days must be filled by appointment by the Chairman of the House Committee on Labour, Trade and Industry and the Chairman of the Senate Committee on Labour, Trade and Industry. B) The term of office of the members shall be four years and until their successors are appointed and qualified. Vacancies should be filled for the unexpired portion of the mandate in the manner in which they were originally filled. (C) The Board of Directors shall meet at least once a year and no more than once a month. All meetings shall be convened at the invitation of the President. The Council shall elect from among its members a President, a Vice-President and such other officers as it deems necessary for a term of one year and until the election and qualification of their successors. All members are provided with mileage, per diem and subsistence allowance, as required by law, and paid by the Board of Directors for the days on which they perform their official duties. (D) The Department`s Office of the State Fire Marshal shall provide such administrative assistance as the Board may require to carry out its mandated functions. The State Fire Marshal is an official adviser and is authorized to attend all meetings.

SECTION 40-56-20. In this chapter, the following is used: (1) “APA” means the American Pyrotechnics Association. (2) “Committee” means the State Committee for Pyrotechnic Safety. (3) “Consumer Fireworks” means any small fireworks intended to produce visible effects by combustion and that must comply with the design, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission as set forth in 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, whistling equipment, ground equipment containing 50 mg or less of explosive substances, and pneumatic devices containing 130 mg or less of explosives. Consumer fireworks are listed by the U.S. Department of Transportation at 49 C.F.R.

172.101 classified as fireworks UN0336 and UN0337. This term includes unmelted fasteners containing components that together exceed 50 mg of salvation powder. Consumer fireworks are defined more broadly than those classified by the U.S. Department of Transportation`s 1.4G hazard classification. These fireworks were previously known as “Class C fireworks”. (4) “CPSC” means the U.S. Consumer Product Safety Commission. (5) “Ministry” 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, greetings containing more than 2 grains (130 mg) of explosive substances, air grenades containing more than 40 grams of pyrotechnic compositions and other exhibits that exceed the limits for explosives to be classified as “consumer fireworks”. Display fireworks are classified by the U.S. Department of Transportation at 49 C.F.

R. 172.101 as fireworks UN0333, UN0334, or UN0335. This term also includes fused fasteners containing components that together exceed 50 mg of salvation powder. Large-scale fireworks are defined more broadly than those classified by the United States. Ministry of Transport as hazard classification 1.3G. These fireworks were previously 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 `public fireworks` as defined in this Section; (9) “permit holder” means a person, enterprise or entity authorized by the board of directors to manufacture, sell or store fireworks in accordance with this chapter. (10) “NFPA” means the National Fire Protection Association.

11. `fireworks` means any composition or apparatus intended to produce visible or audible effects for entertainment purposes by combustion, deflagration or detonation. 12. `small cylinder rocket` means consumer fireworks with an engine diameter of less than half an inch and a length of three inches, a stabilizing rod of less than fifteen inches in length and an overall pyrotechnic composition not exceeding 20 grams. SECTION 40-56-30. Non-compliance with the illegal chapter. It is illegal for any person to manufacture, store or sell fireworks unless done in accordance with this chapter. SECTION 40-56-35. Licence required for the manufacture, sale or storage of fireworks; Exceptions. (A) Except as otherwise provided in this section, a person, firm or entity that manufactures, sells or stores fireworks shall obtain a licence issued by the Agency in accordance with this chapter. The general licensing requirements are as follows: (1) A licence shall not be issued to persons under the age of eighteen years. (2) An application for admission shall be filed on the forms prescribed by the Commission, together with the corresponding fee.

3. A licence is required for each 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 accompany any application for a fireworks retail license. 5. Initial licence renewal applications and licence renewal applications may only be approved after an authorized representative of the Agency has inspected the buildings and facilities in which fireworks are to be manufactured, sold or stored to verify that they comply with applicable codes and standards. 6. All licences and authorizations may be issued for one calendar year only. 7. Licences shall be clearly visible at the registered office of the licensee authorised to manufacture, sell or store fireworks. (8) Licences granted by the board of directors are not transferable. (B) A license is not required to: (1) manufacture, sell, store, transport, handle or any combination thereof, including, but not limited to, railway torpedoes, automotive, aeronautical and naval flares and smoke signals; (2) the transportation, storage, handling, or use of fireworks, or any combination thereof, by the United States Armed Forces; (3) the transportation, handling or use of fireworks, or a combination thereof, by the State 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 support. The Ministry of Labour, Licensing and Regulatory Affairs shall provide all administrative, fiscal, investigating, inspection, office, secretarial and licence renewal procedures and activities of the Commission in accordance with Chapter 1.