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USA Statutes : maine
Title : Title 08. AMUSEMENTS AND SPORTS
Chapter : Chapter 9-A. FIREWORKS
|
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Title 8 - §221-A. Definitions
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§221-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1999, c. 671, §2 (new).]
1. Commissioner. "Commissioner" means the Commissioner of Public Safety or a designee.
[1999, c. 671, §2 (new).]
2. Department. "Department" means the Department of Public Safety.
[1999, c. 671, §2 (new).]
3. Display. "Display" means an entertainment feature where the public or a private group is admitted or permitted to view the display
or discharge of fireworks or special effects. "Display" includes a special effects display.
[1999, c. 671, §2 (new).]
4. Fireworks. "Fireworks" means any:
A. Combustible or explosive composition or substance;
[1999, c. 671, §2 (new).]
B. Combination of explosive compositions or substances;
[1999, c. 671, §2 (new).]
C. Other article that was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration
or detonation, including blank cartridges or toy cannons in which explosives are used, the type of balloon that requires fire
underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored fires, fountains,
mines, serpents and other fireworks of like construction;
[1999, c. 671, §2 (new).]
D. Fireworks containing any explosive or flammable compound; or
[1999, c. 671, §2 (new).]
E. Tablets or other device containing any explosive substance or flammable compound.
[1999, c. 671, §2 (new).]
The term "fireworks" does not include toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps
containing 25100 grains or less of explosive compound are used if they are constructed so that the hand can not come in contact
with the cap when in place for the explosion, toy pistol paper caps or plastic caps that contain less than 20100 grains of
explosive mixture or sparklers that do not contain magnesium chlorates or perchlorates.
[1999, c. 671, §2 (new).]
5. Fireworks technician. "Fireworks technician" means a person licensed pursuant to section 231 who, by examination, experience and training, has
demonstrated the required skill and competence in the use and discharge of fireworks to conduct a display or special effects
display. A fireworks technician is the person who is responsible for safety, setting up and conducting the display.
[1999, c. 671, §2 (new).]
6. Permit. "Permit" means the nontransferable permission granted by the commissioner pursuant to section 227-A to hold a display.
[1999, c. 671, §2 (new).]
7. Person. "Person" means any individual, combination of individuals, association, municipality, amusement park or other legal or commercial
entity.
[1999, c. 671, §2 (new).]
8. Possession. "Possession" means the intentional or knowing possession of what the possessor knows or believes to be fireworks.
[1999, c. 671, §2 (new).]
9. Sale or sell. "Sale" or "sell" means any transfer or delivery of fireworks to a person for consideration.
[1999, c. 671, §2 (new).]
10. Special effects display. "Special effects display" means an entertainment feature using pyrotechnics manufactured or designed to be used with or
discharged in conjunction with theatrical, musical or similar productions. "Special effects display" includes the indoor
use of pyrotechnics before a proximate audience.
[1999, c. 671, §2 (new).]
11. Value. "Value" is determined in accordance with Title 17-A, section 352, subsection 5.
[2003, c. 452, Pt. C, §1 (new); Pt. X, §2 (aff).]
Section History:
PL 1999,
Ch. 671,
§2
(NEW).
PL 2003,
Ch. 452,
§C1
(AMD).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §221. Definitions (REPEALED)
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§221. Definitions (REPEALED)
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1999,
Ch. 671,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §222. Possession of fireworks
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§222. Possession of fireworks
1. Possession prohibited. A person may not possess or have under that person's control fireworks.
[2003, c. 452, Pt. C, §2 (new); Pt. X, §2 (aff).]
2. Value does not exceed $100. If the value of the fireworks does not exceed $100, a person who violates subsection 1 commits a civil violation for which
a fine of not more than $50 may be adjudged.
[2003, c. 452, Pt. C, §2 (new); Pt. X, §2 (aff).]
3. Value exceeds $100. If the value of the fireworks exceeds $100, a person who violates subsection 1 commits a Class E crime.
[2003, c. 452, Pt. C, §2 (new); Pt. X, §2 (aff).]
4. Exception. This section does not apply to a person issued a permit pursuant to section 227-A.
[2003, c. 452, Pt. C, §2 (new); Pt. X, §2 (aff).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1995,
Ch. 528,
§1
(AMD).
PL 1999,
Ch. 671,
§3
(AMD).
PL 2003,
Ch. 452,
§C2
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §223. Sale of fireworks
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§223. Sale of fireworks
1. Sale of fireworks prohibited. A person may not sell, possess with the intent to sell or offer for sale fireworks.
[2003, c. 452, Pt. C, §3 (amd); Pt. X, §2 (aff).]
2. Value exceeds $5,000. If the value of the fireworks exceeds $5,000, a person who violates subsection 1 commits a Class B crime.
[2003, c. 452, Pt. C, §3 (amd); Pt. X, §2 (aff).]
3. Value exceeds $1,000. If the value of the fireworks exceeds $1,000 but does not exceed $5,000, a person who violates subsection 1 commits a Class
C crime.
[2003, c. 452, Pt. C, §3 (amd); Pt. X, §2 (aff).]
4. Value does not exceed $1,000. If the value of the fireworks does not exceed $1,000, a person who violates subsection 1 commits a Class D crime.
[2003, c. 452, Pt. C, §3 (amd); Pt. X, §2 (aff).]
5. Value.
[2003, c. 452, Pt. C, §3 (rp); Pt. X, §2 (aff).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 2003,
Ch. 452,
§C3
(AMD).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §224. Storage and manufacture of fireworks
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§224. Storage and manufacture of fireworks
1. Storage. A person may not store fireworks in a building or structure outside the premises of a fireworks manufactory if that building
or other structure is located within 1,000 feet of any church, hospital, theatre, hall, place of assembly, workshop, factory
or any inhabited building unless rules adopted by the commissioner permit storage in that building or structure.
[2003, c. 452, Pt. C, §4 (amd); Pt. X, §2 (aff).]
2. Certificate of public liability insurance required for manufacture. A person may not manufacture fireworks without first furnishing the Commissioner of Public Safety, in an amount to be determined
by the commissioner, a certificate of public liability insurance to cover the losses, damages or injuries to persons or property
that might result.
[2003, c. 452, Pt. C, §4 (amd); Pt. X, §2 (aff).]
3. Penalty. A person who violates this section commits a Class E crime.
[2003, c. 452, Pt. C, §4 (new); Pt. X, §2 (aff).]
4. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. C, §4 (new); Pt. X, §2 (aff).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 2003,
Ch. 452,
§C4
(AMD).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §225. Transportation of fireworks
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§225. Transportation of fireworks
1. Transportation of fireworks. A person may not transport fireworks in a motor vehicle or conveyance except as permitted by the rules adopted by the commissioner.
[2003, c. 452, Pt. C, §5 (new); Pt. X, §2 (aff).]
2. Penalty. A person who violates this section commits a Class E crime.
[2003, c. 452, Pt. C, §5 (new); Pt. X, §2 (aff).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. C, §5 (new); Pt. X, §2 (aff).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 2003,
Ch. 452,
§C5
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §226. Displays and exhibitions of fireworks (REPEALED)
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§226. Displays and exhibitions of fireworks (REPEALED)
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1999,
Ch. 671,
§4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §227-A. Requirements for obtaining permit
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§227-A. Requirements for obtaining permit
1. Permits; requirements. A person may not conduct a display without a permit. The commissioner shall issue a permit to possess and conduct a fireworks
display to an applicant who:
A. Applies in writing to the commissioner for a permit at least 20 days in advance of the proposed display;
[2003, c. 521, §1 (amd).]
B. Applies on forms furnished by the department. An application for a permit must include:
(1) A certificate of public liability insurance in the amount of $1,000,000 to cover loss, damage or injuries to persons
or property that might result from the display; and
(2) A site plan for the proposed display depicting a diagram of the grounds or facilities at which or in which the display
will be held. The diagram must show points of discharge, fallout areas, any buildings or other structures in proximity to
the display site and the location of any audience that may be present. Distances of and distances between the points of discharge
and any buildings or structures must be stated on the diagram; and
[2003, c. 521, §1 (amd).]
C. Submits with the application fees set out in subsection 3.
[1999, c. 671, §6 (new).]
[2003, c. 521, §1 (amd).]
2. Inspection. Upon receipt of a complete application, the department shall conduct an inspection of the proposed display site to determine
the hazard posed by the display.
[1999, c. 671, §6 (new).]
3. Fees. The fee for a permit is $30 per display and the fee for a site inspection is $111. The fee for all monitored indoor pyrotechnic
events that occur outside of normal business hours is $100.
[2003, c. 521, §2 (amd).]
4. Permits; violation. A person may not conduct a fireworks display in violation of the permit issued under subsection 1.
[2003, c. 452, Pt. C, §6 (new); Pt. X, §2 (aff).]
5. Penalties. The following penalties apply.
A. A person who conducts a fireworks display without a permit commits a Class D crime.
[2003, c. 452, Pt. C, §6 (new); Pt. X, §2 (aff).]
B. A person who conducts a fireworks display in violation of a permit issued under subsection 1 commits a Class E crime.
[2003, c. 452, Pt. C, §6 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. C, §6 (new); Pt. X, §2 (aff).]
6. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. C, §6 (new); Pt. X, §2 (aff).]
7. Indoor pyrotechnics. All indoor pyrotechnic events must be monitored by the State Fire Marshal or the State Fire Marshal's designee.
[2003, c. 521, §3 (new).]
Section History:
PL 1999,
Ch. 671,
§6
(NEW).
PL 2001,
Ch. 437,
§2
(AMD).
PL 2001,
Ch. 437,
§6,8
(AFF).
PL 2003,
Ch. 452,
§C6
(AMD).
PL 2003,
Ch. 452,
§X2
(AFF).
PL 2003,
Ch. 521,
§1-3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §227-B. Regulation restricted; exception
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§227-B. Regulation restricted; exception
1. Regulation restricted. Except as provided in subsection 2, a political subdivision of the State, including, but not limited to, a municipality,
county, township or village corporation, may not adopt an order, ordinance, rule or regulation concerning the issuance of
permits under section 227-A.
[1999, c. 671, §6 (new).]
2. Exception. This section does not prohibit an order, ordinance, rule or regulation of a political subdivision that, with the exception
of appropriate penalty provisions, conforms exactly with an applicable provision of state law or that regulates the issuance
of these permits within a jurisdiction.
[1999, c. 671, §6 (new).]
Section History:
PL 1999,
Ch. 671,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §227-C. Denial, suspension or revocation of permit
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§227-C. Denial, suspension or revocation of permit
The commissioner may, after a hearing in conformance with the applicable provisions of the Maine Administrative Procedure
Act, suspend or revoke a permit issued under this chapter. The following are grounds for denial, suspension or revocation
of a permit:
[1999, c. 671, §6 (new).]
1. Incomplete. The application or a document filed with the application is incomplete;
[1999, c. 671, §6 (new).]
2. Misstatement. The application or a document filed with the application contains a material misstatement;
[1999, c. 671, §6 (new).]
3. Site inspection. The site fails to pass an inspection conducted by the department pursuant to section 227-A; or
[1999, c. 671, §6 (new).]
4. Failure to employ or use fireworks technician. The applicant fails to use a licensed fireworks technician to conduct the display.
[1999, c. 671, §6 (new).]
Section History:
PL 1999,
Ch. 671,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §227. Permits for displays; rules (REPEALED)
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§227. Permits for displays; rules (REPEALED)
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1991,
Ch. 464,
§2
(AMD).
PL 1999,
Ch. 671,
§5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §228. Application of provisions
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§228. Application of provisions
1. Firecrackers and pyrotechnical ship or railway signals. Firecrackers and pyrotechnical ship or railway signals are included and classed as fireworks, but sections 222, 224 and
225 do not apply to the storage of pyrotechnical ship or railway signals nor to the discharge, firing or exploding of the
signals when used for the protection of life and property.
[1985, c. 23, § 2 (new).]
2. Exceptions. This chapter does not apply:
A. To any article named in this chapter to be shipped directly out of the State;
[1985, c. 23, § 2 (new).]
B.
[1999, c. 671, §7 (rp).]
C. To the sale of flares, lanterns or fireworks for use by railroads, railways, boats, motor vehicles or other transportation
agencies, or other activity lawfully permitted or required to use any or all of the articles named in this chapter for signal
purposes, illumination or otherwise;
[1985, c. 23, § 2 (new).]
D. To the sale or use of blank cartridges for signal or ceremonial purposes in athletics or sports;
[1999, c. 671, §8 (amd).]
E. To experiments at a factory for explosives;
[1985, c. 23, §2 (new).]
F. To the sale of blank cartridges for use by the militia or any organization of war veterans or other organizations authorized
by law to parade in public a color guard armed with firearms;
[1985, c. 23, §2 (new).]
G. In teaching the use of firearms; or
[1999, c. 671, §9 (amd).]
H. To the sale of shells for firearms, cartridges, gunpowder and explosives for the purpose of any legal use of firearms.
[1999, c. 671, §9 (amd).]
I.
[1999, c. 671, §10 (rp).]
[1999, c. 671, §§7-10 (amd).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1999,
Ch. 671,
§7-10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §229. Violations (REPEALED)
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§229. Violations (REPEALED)
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1995,
Ch. 528,
§2
(AMD).
PL 1999,
Ch. 671,
§11
(AMD).
PL 2003,
Ch. 452,
§C7
(RP ).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §230. Appeals
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§230. Appeals
Any person aggrieved by any decision of the Commissioner of Public Safety may appeal the decision to the Superior Court within
30 days. The court shall immediately, after notice and hearing, affirm or reverse the commissioner's decision. The finding
of the Superior Court may be reviewed by appeal to the Supreme Judicial Court sitting as the Law Court.
[1985, c. 506, Pt. B, § § 7, 8 (amd).]
Section History:
PL 1985,
Ch. 23,
§2
(NEW).
PL 1985,
Ch. 506,
§B7,8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §231. Fireworks technician license qualifications
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§231. Fireworks technician license qualifications
A person may not act as a fireworks technician unless the person meets the qualifications specified in this section and obtains
a license. The person must:
[1999, c. 671, §12 (new).]
1. Age. Be at least 21 years of age;
[1999, c. 671, §12 (new).]
2. Citizenship. Be a citizen or resident alien of the United States;
[1999, c. 671, §12 (new).]
3. Experience. Have experience and training working under the direction of a fireworks technician during at least 5 displays, or comparable
experience as determined by the department;
[1999, c. 671, §12 (new).]
4. Character. Be of good moral character as determined by the department and not have been convicted of a crime that is punishable by
a maximum term of imprisonment equal to or exceeding one year. In making the determination of good moral character, the commissioner
shall consider matters recorded within the previous 5 years, including, but not limited to:
A. Records of incidents of abuse by the applicant of family or household members provided pursuant to Title 19-A, section 4012,
subsection 1;
[1999, c. 671, §12 (new).]
B. Records provided by the Department of Health and Human Services regarding the failure of the applicant to meet child or
family support obligations;
[1999, c. 671, §12 (new); 2003, c. 689, Pt. B, §6 (rev).]
C. Records of 3 or more convictions of the applicant for Class D or Class E crimes;
[1999, c. 671, §12 (new).]
D. Records of 3 or more civil violations by the applicant; and
[1999, c. 671, §12 (new).]
E. Records that the applicant has engaged in recklessness or negligence that endangered the safety of others;
[1999, c. 671, §12 (new).]
[1999, c. 671, §12 (new); 2003, c. 689, Pt. B, §6 (rev).]
5. Examination. Successfully complete a written examination administered by the department encompassing fireworks and the conduct of displays;
and
[1999, c. 671, §12 (new).]
6. Application. Submit an application to the department that contains:
A. The applicant's full name, full current address, social security number and date of birth; and
[1999, c. 671, §12 (new).]
B. A statement granting the commissioner authority to check the criminal records of the applicant.
[1999, c. 671, §12 (new).]
[1999, c. 671, §12 (new).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §232. Fees
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§232. Fees
All license and permit fees received pursuant to this chapter by the department must be used for carrying out this chapter.
Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purpose
in the following fiscal years.
[1999, c. 671, §12 (new).]
1. Fee for fireworks technician. The fee for an initial fireworks technician license is $180. The fee for renewal of the license is $25.
[2001, c. 437, §3 (amd); §8 (aff).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
PL 2001,
Ch. 437,
§3
(AMD).
PL 2001,
Ch. 437,
§6,8
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §233. Renewal of license
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§233. Renewal of license
Each fireworks technician license is valid for a term of one year. Unless revoked or suspended, the license is renewable
annually.
[1999, c. 671, §12 (new).]
1. Complete application required. A licensee shall submit a complete application for renewal at least 30 days prior to the expiration of a license under this
chapter. An application is not complete unless it includes all materials required to be evaluated for licensure.
[2003, c. 521, §4 (new).]
2. Renewal submitted within 90 days following license expiration. Notwithstanding subsection 1, a person may renew a license under this chapter for up to 90 days after the date of expiration
of the license. The 90-day period does not postpone the expiration date of the existing license. A licensee whose license
has lapsed may not work as a fireworks technician until a renewed license is issued.
[2003, c. 521, §4 (new).]
3. Renewal submitted more than 90 days following license expiration. An application for license renewal under this section submitted more than 90 days after the license expiration date is considered
an application for a new license and is subject to all requirements governing a new application.
[2003, c. 521, §4 (new).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
PL 2003,
Ch. 521,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §234. Denial; suspension; revocation; grounds
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§234. Denial; suspension; revocation; grounds
The commissioner may, after a hearing in conformance with applicable provisions of the Maine Administrative Procedure Act,
suspend or revoke a license issued under this chapter. The following are grounds for denial, suspension or revocation of
a license:
[1999, c. 671, §12 (new).]
1. Fraud or deceit. The practice of fraud or deceit in obtaining a license under this chapter or in the performance of services within the scope
of the license issued;
[1999, c. 671, §12 (new).]
2. Conviction of certain crimes. Conviction of a crime that relates directly to the practice for which the person is licensed or conviction of a crime for
which incarceration for one year or more may be imposed;
[1999, c. 671, §12 (new).]
3. Violation of chapter or rule. A violation of this chapter or a rule adopted by the commissioner;
[1999, c. 671, §12 (new).]
4. Aiding or abetting unlicensed practice. Aiding or abetting the practice of displaying or discharging fireworks by a person not duly licensed under this chapter;
or
[1999, c. 671, §12 (new).]
5. Incompetence. Incompetence in the practice of displaying or discharging fireworks. A licensee is considered incompetent in the practice
if the licensee has:
A. Engaged in professional conduct that evidences a lack of ability or fitness to perform the duties for which that licensee
is licensed; or
[1999, c. 671, §12 (new).]
B. Engaged in professional conduct that evidences a lack of knowledge of, or inability to apply, appropriate principles or
skills to carry out the practice for which that licensee is licensed.
[1999, c. 671, §12 (new).]
[1999, c. 671, §12 (new).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §235. Suspension by commissioner
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§235. Suspension by commissioner
1. Immediate suspension. If the commissioner has probable cause to believe that a person licensed under this chapter poses, because of gross negligence
in the performance of duties associated with the license, an immediate threat to the public, the commissioner shall immediately
suspend that person's license.
[1999, c. 671, §12 (new).]
2. Duration of suspension. A suspension remains in effect for 30 days unless a revocation procedure under section 234 is commenced within the 30 days,
in which case the suspension continues until the revocation procedure is complete.
[1999, c. 671, §12 (new).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 8 - §236. Adoption of rules
Title 8: AMUSEMENTS AND SPORTS
Chapter 9-A: FIREWORKS
§236. Adoption of rules
The commissioner shall, in accordance with the Maine Administrative Procedure Act, adopt reasonable rules relative to the
use, storage, transportation and display of fireworks and special effect pyrotechnics. Rules adopted pursuant to this section
are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.
[1999, c. 671, §12 (new).]
Section History:
PL 1999,
Ch. 671,
§12
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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