320.106. Definitions.
Definitions.
320.106. As used in sections 320.106 to 320.161, unless clearlyindicated otherwise, the following terms mean:
(1) "American Pyrotechnics Association (APA), Standard 87-1", orsubsequent standard which may amend or supersede this standard formanufacturers, importers and distributors of fireworks;
(2) "Chemical composition", all pyrotechnic and explosive compositioncontained in fireworks devices as defined in American PyrotechnicsAssociation (APA), Standard 87-1;
(3) "Consumer fireworks", explosive devices designed primarily toproduce visible or audible effects by combustion and includes aerialdevices and ground devices, all of which are classified as fireworks,UNO336, 1.4G by regulation of the United States Department ofTransportation, as amended from time to time, and which were formerlyclassified as class C common fireworks by regulation of the United StatesDepartment of Transportation;
(4) "Discharge site", the area immediately surrounding the fireworksmortars used for an outdoor fireworks display;
(5) "Dispenser", a device designed for the measurement and deliveryof liquids as fuel;
(6) "Display fireworks", explosive devices designed primarily toproduce visible or audible effects by combustion, deflagration ordetonation. This term includes devices containing more than two grains(130 mg) of explosive composition intended for public display. Thesedevices are classified as fireworks, UNO335, 1.3G by regulation of theUnited States Department of Transportation, as amended from time to time,and which were formerly classified as class B display fireworks byregulation of the United States Department of Transportation;
(7) "Display site", the immediate area where a fireworks display isconducted, including the discharge site, the fallout area, and the requiredseparation distance from mortars to spectator viewing areas, but notspectator viewing areas or vehicle parking areas;
(8) "Distributor", any person engaged in the business of sellingfireworks to wholesalers, jobbers, seasonal retailers, other persons, orgovernmental bodies that possess the necessary permits as specified insections 320.106 to 320.161, including any person that imports anyfireworks of any kind in any manner into the state of Missouri;
(9) "Fireworks", any composition or device for producing a visible,audible, or both visible and audible effect by combustion, deflagration, ordetonation and that meets the definition of consumer, proximate, or displayfireworks as set forth by 49 CFR Part 171 to end, United States Departmentof Transportation hazardous materials regulations, and AmericanPyrotechnics Association 87-1 standards;
(10) "Fireworks season", the period beginning on the twentieth day ofJune and continuing through the tenth day of July of the same year and theperiod beginning on the twentieth day of December and continuing throughthe second day of January of the next year, which shall be the only periodsof time that seasonal retailers may be permitted to sell consumerfireworks;
(11) "Jobber", any person engaged in the business of making sales ofconsumer fireworks at wholesale or retail within the state of Missouri tononlicensed buyers for use and distribution outside the state of Missouriduring a calendar year from the first day of January through thethirty-first day of December;
(12) "Licensed operator", any person who supervises, manages, ordirects the discharge of outdoor display fireworks, either by manual orelectrical means; who has met additional requirements established bypromulgated rule and has successfully completed a display fireworkstraining course recognized and approved by the state fire marshal;
(13) "Manufacturer", any person engaged in the making, manufacture,assembly or construction of fireworks of any kind within the state ofMissouri;
(14) "NFPA", National Fire Protection Association, an internationalcodes and standards organization;
(15) "Permanent structure", buildings and structures with permanentfoundations other than tents, mobile homes, and trailers;
(16) "Permit", the written authority of the state fire marshal issuedpursuant to sections 320.106 to 320.161 to sell, possess, manufacture,discharge, or distribute fireworks;
(17) "Person", any corporation, association, partnership orindividual or group thereof;
(18) "Proximate fireworks", a chemical mixture used in theentertainment industry to produce visible or audible effects by combustion,deflagration, or detonation, as defined by the most current edition of theAmerican Pyrotechnics Association (APA), Standard 87-1, section 3.8,specific requirements for theatrical pyrotechnics;
(19) "Pyrotechnic operator" or "special effects operator", anindividual who has responsibility for pyrotechnic safety and who controls,initiates, or otherwise creates special effects for proximate fireworks andwho has met additional requirements established by promulgated rules andhas successfully completed a proximate fireworks training course recognizedand approved by the state fire marshal;
(20) "Sale", an exchange of articles of fireworks for money,including barter, exchange, gift or offer thereof, and each suchtransaction made by any person, whether as a principal proprietor,salesman, agent, association, copartnership or one or more individuals;
(21) "Seasonal retailer", any person within the state of Missouriengaged in the business of making sales of consumer fireworks in Missourionly during a fireworks season as defined by subdivision (10) of thissection;
(22) "Wholesaler", any person engaged in the business of making salesof consumer fireworks to any other person engaged in the business of makingsales of consumer fireworks at retail within the state of Missouri.
(L. 1985 S.B. 76 § 1, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196, A.L. 2007 S.B. 22)