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Consumer Fireworks in Maine

The 125th Maine Legislature has enacted Public Law, Chapter 416 ""An Act to Legalize the Sale , Possession and Use of Fireworks."     

The Fire Marshal's Office wants this to work for Maine. We'd like to see new businesses and jobs created as result of this law but most importantly however, we want to accomplish this as safely as possible. We do not want to see major increases in fireworks related fires or injuries and we are relying on those who sell consumer fireworks to make sure the purchasing public is aware of the inherent dangers and proper procedures for use. Users need to listen to licensed sales staff and exercise the caution they prescribe in the selection and use of these products.

 

  Application Materials to Sell Consumer Fireworks in Maine

If you are interested in obtaining a license to sell consumer fireworks in Maine please take a moment to consider some of the basic requirement listed below, contact our office, and download the application and application checklist below.

  • You must be 21 years of age to obtain a license to sell consumer fireworks in Maine.
  • You must have a federal permit to sell consumer fireworks as described under Title 18, United States Code, Section 843
  • You may also need a local permit to sell in a given town. Check to see if the sale of consumer fireworks is allowed in the town whee you plan to operate your business. Some towns may not allow the sale of consumer fireworks nor their use.
  • You may only sell consumer fireworks from a fixed, permanent, stand alone building dedicated solely to the sale of consumer fireworks.
  • Be sure to check with the appropriae code officials from the community in which you are planning to sell fireworks. A permit may be required and if it is, the Fire Marshal's Ofice will want a copy during the application process.
  • It is highly recommended that you consult with an architect prior to building a new consumer fireworks sales facility building or before you remodel another building into a consumer fireworks sales facility to ensure that you are in compliance with NFPA 1124, Code for the Manufacture, Transportation, Storage, Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition, section 7.3.3., and NFPA 101, Life Safety Code, chapter 36 for new mercantile occupancies. Plans for any new mercantile occupancy ( a fireworks sales facility) exceeding 3000 Sq. ft. must be reviewed by the Fire Marshal's Office. If you have questions about your facility we encourage you to call the number below. If you require a plans review we urge you to submit your architectural drawings well in advance of when you wish to be permitted. Our plans reviewers work on a first come first serve basis and it may take weeks before your plans can be reviewed.
  • SPECIAL NOTICE: In accordance with Title 10, Part 14, Chapter 1103, Maine Uniform Building and Energy Code, the Technical Building Codes and Standards Board met and voted unanimously to resolve the sprinkler requirement conflict between the fire code and the building code by requiring all consumer fireworks retail sales facilities to be fully sprinkled regardless of the size or age of the facility. However, the MUBEC will not require all facilities licensed to sell fireworks in Maine to have an NFPA 13 sprinkler system. There are alternatives, for more information please contact our office.

These are just some of the requirements you need to consider before developing your business plan. For more information on licensing fees, building, storage and handling requirements in addition to prohibited acts, insurance, liability and other restrictions please take a moment to few the links to the documents below. The Fire Marshal's Office is currently considering proposed rules for the licensure of retail fireworks facilities in Maine. See contact information below for more information.

Be aware that all advertising for the sale of consumer fireworks, be it print, internet, TV or radio, must contain the following language in a conspicuous location and in a consistant font:

Check with your local fire department to see if consumer fireworks are allowed in your community.

Application to Sell Consumer Fireworks

Application Checklist

Municipal Permit to Sell Consumer Fireworks


Illegal Consumer Fireworks

Under Chapter 416, "An Act to Legalize the Sale, Use, and Possession of Fireworks" the following products are illegal to sell, use, or possess in Maine.

  1. Missile Type Rockets. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.  Missiles shall not contain more than 20 grams of total chemical composition.
  2. Helicopters and Aerial Spinners. A tube containing more than 20 grams of chemical composition, with a propeller blade attached.  Upon ignition the rapidly spinning device rises into the air.  A visible or audible effect may be produced at or near the height of flight.
  3. Sky Rockets and Bottle Rockets. Cylindrical tube containing not more than 20 grams of chemical composition as prescribed under section 3.7 and Table 4.3-1 of the American Pyrotechnics Association Standard 87-1 with a wooden stick attached for guidance and stability.  Rockets rise into the air upon ignition.  A burst of color and/or sound may be produced at or near the height of flight.

Federally Banned Explosives


Individuals or businesses seeking a Maine State License to operate a consumer fireworks retail sale operation should contact:

Timothy D. Fuller, Inspector
Office of the State Fire Marshal
52 State House Station
Augusta, Maine 04333 
(207) 626-3888

e-mail: Timothy.D.Fuller@maine.gov

 

 


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