Idaho State Statutes - Idaho Attorney Directory

As used in this chapter, these terms shall have the
following meanings:
(1) "Authority having jurisdiction" means a city fire department if the
area is within a city, or a fire protection district formed pursuant to
provisions of the Idaho Code if the area is within a fire protection district,
or the county commission if the area is not within a city or fire protection
district.
(2) "Department" means the department of insurance, division of the state
fire marshal.
(3) "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 audible effect by combustion, explosion, deflagration
or detonation. Fireworks include items classified as common or special
fireworks by the United States bureau of explosives or contained in the
regulations of the United States department of transportation and designated
as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any
automotive safety flares, toy guns, toy cannons, caps or other items designed
for use with toy guns or toy cannons, party poppers, pop-its or other devices
which contain twenty-five hundredths (.25) of a grain or less of explosive
substance.
(4) "Importer" means any person who, for any purpose other than personal
use, or a use associated with a specific public display or other event permit,
is the first receiver of any fireworks in this state.
(5) "License" means a nontransferable, formal authorization, issued by
the department to engage in the acts of importing fireworks into this state or
operating a wholesale fireworks business within this state.
(6) "Nonaerial common fireworks" means any fireworks such as ground
spinners, fountains, sparklers, smoke devices or snakes designed to remain on
or near the ground and not to travel outside a fifteen (15) foot diameter
circle or emit sparks or other burning material which land outside a twenty
(20) foot diameter circle or above a height of twenty (20) feet. Nonaerial
common fireworks do not include firecrackers, jumping jacks, or similar
products.
(7) "Permit" means an authorization given by the authority having
jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code.
(8) "Special fireworks" means any fireworks designed primarily for
display and classified as special fireworks by the United States bureau of
explosives or designated as UN 0335 1.3G.
(9) "Wholesale" means sale of fireworks to a retailer or wholesaler.

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