New York Consolidated Law

Article 405 - NY Penal Law

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• Article 405

S 405.00 Permits for public displays of fireworks.
  1. Definition of "permit authority." The term "permit authority," as
  used in this section, means and includes the agency authorized to  grant
  and  issue  the  permits  provided  in this section, which agency in the
  territory within a state park shall be the state agency  having  custody
  and  control thereof, in the territory within a county park shall be the
  county park  commission,  or  such  other  agency  having  jurisdiction,
  control  and/or  operation  of  the  parks  or parkways within which any
  fireworks are to be displayed, in a city shall be the  duly  constituted
  licensing agency thereof and, in the absence of such agency, shall be an
  officer designated for the purpose by the legislative body thereof, in a
  village  shall  be an officer designated for the purpose by the board of
  trustees thereof and in the territory of  a  town  outside  of  villages
  shall  be  an  officer  designated  for  the  purpose  by the town board
  thereof.
    2. Permits for fireworks displays. Notwithstanding the  provisions  of
  section  270.00  of  this chapter, the permit authority of a state park,
  county park, city, village or town may grant a permit for the display of
  fireworks  to  municipalities,  fair  associations,   amusement   parks,
  persons,  or  organizations of individuals that submit an application in
  writing. The application for such permit shall set forth:
    (a) The name of the body sponsoring the display and the names  of  the
  persons  actually to be in charge of the firing of the display who shall
  possess a  valid  certificate  of  competence  as  a  pyrotechnician  as
  required under the general business law and article sixteen of the labor
  law.  The  permit application shall further contain a verified statement
  from the applicant identifying the individuals  who  are  authorized  to
  fire  the  display  including  their  certificate numbers, and that such
  individuals  possess  a   valid   certificate   of   competence   as   a
  pyrotechnician.
    (b) The date and time of day at which the display is to be held.
    (c) The exact location planned for the display.
    (d) The number and kind of fireworks to be discharged.
    (e)  The  manner  and  place of storage of such fireworks prior to the
  display.
    (f) A diagram of the grounds on  which  the  display  is  to  be  held
  showing  the  point  at  which  the  fireworks are to be discharged, the
  location of all buildings, highways and other  lines  of  communication,
  the  lines behind which the audience will be restrained and the location
  of all nearby trees, telegraph or  telephone  lines  or  other  overhead
  obstructions.
    (g)  Such other information as the permit authority may deem necessary
  to protect persons or property.
    3. Applications for permits. All  applications  for  permits  for  the
  display  of fireworks shall be made at least five days in advance of the
  date of the display and the permit shall  contain  provisions  that  the
  actual  point  at  which  the fireworks are to be fired be in accordance
  with the rules promulgated by the  commissioner  of  labor  pursuant  to
  section four hundred sixty-two of the labor law and that all the persons
  in  actual  charge  of  firing  the  fireworks  shall be over the age of
  eighteen years, competent and physically fit for the  task,  that  there
  shall  be  at  least  two  such  operators constantly on duty during the
  discharge and that at least two approved type fire  extinguishers  shall
  be kept at as widely separated points as possible within the actual area
  of the display. The legislative body of a state park, county park, city,
  village  or  town may provide for approval of such permit by the head of
  the police or fire department or both where there are such  departments.
  No permit granted and issued hereunder shall be transferable. After such
  permit  shall have been granted, sales, possession, use and distribution
  of fireworks for such display shall be lawful solely therefor.
    3-a.  Notwithstanding  the  provisions  of  subdivision  three of this
  section, no permit may be issued to conduct a display of fireworks  upon
  any  property where the boundary line of such property is less than five
  hundred yards from the boundary line of any  property  which  is  owned,
  leased  or  operated  by  any  breeder as defined in subdivision four of
  section two hundred fifty-one of the racing,  pari-mutuel  wagering  and
  breeding law.
    4.  Bonds.  Before  granting  and  issuing  a  permit for a display of
  fireworks as herein provided, the  permit  authority  shall  require  an
  adequate  bond  from  the applicant therefor, unless it is a state park,
  county park, city, village or town, in a sum to be fixed by  the  permit
  authority,  which,  however, shall not be less than one million dollars,
  conditioned for the payment of all damages, which may  be  caused  to  a
  person  or persons or to property, by reason of the display so permitted
  and arising from any acts  of  the  permittee,  his  agents,  employees,
  contractors  or  subcontractors.  Such bond shall run to the state park,
  county park, city, village or town in which the permit  is  granted  and
  issued  and shall be for the use and benefit of any person or persons or
  any owner or owners of any property so  injured  or  damaged,  and  such
  person  or  persons  or  such  owner  or owners are hereby authorized to
  maintain an action thereon, which right of action also shall  accrue  to
  the  heirs,  executors,  administrators,  successors  or assigns of such
  person or persons or such owner or  owners.  The  permit  authority  may
  accept,  in  lieu  of  such  bond,  an  indemnity  insurance policy with
  liability coverage and indemnity protection equivalent to the terms  and
  conditions  upon  which  such  bond  is  predicated and for the purposes
  provided in this section.
    5. Local ordinances superseded. (a) All local ordinances regulating or
  prohibiting  the  display  of  fireworks  are  hereby  superseded by the
  provisions of this section. Every city, town or village shall  have  the
  power  to  enact  ordinances or local laws regulating or prohibiting the
  use, or the storage, transportation or sale for use of fireworks in  the
  preparation for or in connection with television broadcasts.
    (b)  Further,  no  city or county shall be bound to include "sparkling
  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
  section  270.00  of  this  chapter,  if  such  city  or  county shall so
  authorize the exemption of "sparkling device" by law. If any  such  city
  or  county  so  elects,  it  and such other local jurisdictions that lie
  within its geographical boundaries shall not enact any other  local  law
  that  is  inconsistent  with  the  provisions  of  subparagraph  (iv) of
  paragraph (c) of subdivision one of section 270.00 of this chapter,  nor
  to  regulate  sparkling devices in a manner that is in conflict with the
  provisions of NFPA 1124, 2006 edition.

S 405.05 Seizure and destruction of fireworks.
  Fireworks possessed unlawfully may be seized by any peace officer,
acting pursuant to his special duties, or police officer, who must
deliver the same to the magistrate before whom the person arrested is
required to be taken. The magistrate must, upon the examination of the
defendant, or if such examination is delayed or prevented, without
awaiting such examination, determine whether the fireworks had been
possessed by the defendant in violation of the provisions of section
270.00; and if he finds that the fireworks had been so possessed by the
defendant, he must cause such fireworks to be destroyed, in a way safe
for the particular type of such fireworks, or to be delivered to the
district attorney of the county in which the defendant is liable to
indictment or trial, as the interests of justice and public safety may,
in his opinion, require. Upon the conviction of the defendant, the
district attorney must cause to be destroyed, in a way safe for the
particular type of such fireworks, the fireworks in respect whereof the
defendant stands convicted, and which remain in the possession or under
the control of the district attorney.

S 405.10 Permits for indoor pyrotechnics.
  1.  Definitions. For the purposes of this section, the following terms
  have the following meanings:
    a. Airburst. A pyrotechnic device that is  suspended  in  the  air  to
  simulate  outdoor  aerial  fireworks  shells without producing hazardous
  debris.
    b. Areas of public assembly. All buildings or  portions  of  buildings
  used  for  gathering  together  fifty  or  more  persons  for amusement,
  athletic,  civic,   dining,   educational,   entertainment,   patriotic,
  political,  recreational,  religious,  social,  or similar purposes, the
  entire fire area of which they are a  part,  and  the  means  of  egress
  therefrom.
    c.  Assistant.  A  person  who  works  under  the  supervision  of the
  pyrotechnic operator.
    d.  Audience.  Spectators  whose  primary  purpose  is   to   view   a
  performance.
    e.  Building.  A  combination  of  any  materials, whether portable or
  fixed, having a roof, to form a structure affording shelter for persons,
  animals, or property. The word "building" shall  be  construed  for  the
  purposes  of  this  section  as though followed by the words "or part or
  parts thereof", unless the context clearly requires a different meaning.
    f. Concussion mortar. A device specifically designed  and  constructed
  to  produce a loud noise and a violent jarring shock for dramatic effect
  without producing any damage.
    g. Fallout area. The area in which any hazardous debris falls after  a
  pyrotechnic  device  is  fired.  The fallout area is defined as a circle
  that, in turn, is defined by the fallout radius.
    h. Fallout  radius.  A  line  that  defines  the  fallout  area  of  a
  pyrotechnic  device.  The line is defined by two points. The first point
  is at the center of a pyrotechnic device. The second point is the  point
  most  distant  from  the  center  of the pyrotechnic device at which any
  hazardous debris from the device can fall.
    i. Fire area. The floor area of a story of a building within  exterior
  walls, party walls, fire walls, or any combination thereof.
    j.   Hazardous  debris.  Any  debris,  produced  or  expelled  by  the
  functioning of a pyrotechnic device, that is capable of causing personal
  injury or unpredicted property damage. This includes, but is not limited
  to, hot  sparks,  heavy  casing  fragments,  and  unignited  components.
  Materials  such  as  confetti,  lightweight  foam  pieces,  feathers, or
  novelties are not to be construed as hazardous debris.
    k. Owner. Any person,  agent,  firm,  association,  limited  liability
  company,  partnership,  or  corporation  having  a  legal  or  equitable
  interest in the property.
    l. Performance. The enactment of a  musical,  dramatic,  operatic,  or
  other  entertainment production. The enactment may begin and progress to
  its end according to a script,  plan,  or  other  preconceived  list  of
  events, or deviate therefrom. A performance includes any encores.
    m.  Performer.  Any  person  active  in  a  performance  during  which
  pyrotechnics are used and who is not part of  the  audience  or  support
  personnel.  Among  others,  performers  include, but are not limited to,
  actors, singers, musicians, and acrobats.
    n. Permit authority. The agency authorized  to  grant  and  issue  the
  permits  provided  for  in  this  section, which agency in the territory
  within a state park shall be the state agency having custody and control
  thereof, in the territory within a county park shall be the county  park
  commission,  or  such  other agency having jurisdiction, control, and/or
  operation of the parks or parkways within which any pyrotechnics are  to
  be  used,  in  a  city  shall  be  the duly constituted licensing agency
  thereof and, in  the  absence  of  such  agency,  shall  be  an  officer
  designated for the purpose by the legislative body thereof, in a village
  shall  be an officer designated for the purpose by the board of trustees
  thereof,  and,  in the territory of a town outside of villages, shall be
  an officer designated for the purpose by the town board thereof.
    o. Permittee. (1) The  person  or  persons  who  are  responsible,  as
  provided  in  subparagraph  two  of  this  paragraph,  for obtaining the
  necessary permit or permits for the use of indoor pyrotechnics in  areas
  of  public  assembly  or  for  a  production, or who are responsible for
  obtaining such permit or  permits  under  an  applicable  local  law  or
  ordinance authorized pursuant to subdivision five of this section.
    (2)  The  owner  of  a  place  of public assembly or building in which
  pyrotechnics are to be used shall  be  responsible  for  obtaining  such
  permit  or  permits;  provided, however, that such owner, in writing, by
  agreement or  lease,  may  require  or  otherwise  authorize  a  lessee,
  licensee,  pyrotechnic  operator,  or  other party to be responsible for
  obtaining such permit or permits, in which  case  such  other  party  or
  parties shall be deemed responsible for obtaining such permit or permits
  and  shall  be  the  permittee  for  purposes  of this article; provided
  further that the structure is otherwise appropriate for such  use  under
  the  New  York  state  fire  prevention  and building code or other such
  applicable code.
    p. Producer. An individual who  has  overall  responsibility  for  the
  operation  and  management of the performance where the pyrotechnics are
  to be used. Generally, the producer is  an  employee  of  the  promotion
  company,   entertainment   company,   festival,  theme  park,  or  other
  entertainment group.
    q. Production. All the performances of a musical, dramatic,  operatic,
  or other show or series of shows.
    r. Pyrotechnic device. Any device containing pyrotechnic materials and
  capable of producing a special effect as defined in this subdivision.
    s.  Pyrotechnic  material  (Pyrotechnic  special  effects material). A
  chemical mixture used in the entertainment industry to  produce  visible
  or  audible  effects  by combustion, deflagration, or detonation. Such a
  chemical mixture consists predominantly of solids capable of producing a
  controlled,  self-sustaining,  and  self-contained  exothermic  chemical
  reaction  that  results  in heat, gas, sound, light, or a combination of
  these effects. The chemical reaction functions without external oxygen.
    t. Pyrotechnic operator (Special effects operator). An individual  who
  has  responsibility  for pyrotechnic safety and who controls, initiates,
  or otherwise creates special effects.
    u. Pyrotechnic special effect. A special effect  created  through  the
  use of pyrotechnic materials and devices.
    v.  Pyrotechnics.  Controlled  exothermic  chemical reactions that are
  timed to create the effects of heat, gas, sound, dispersion of aerosols,
  emission of visible electromagnetic radiation, or a combination of these
  effects to provide the maximum effect from the least volume.
    w. Rocket. A pyrotechnic device that moves by the ejection  of  matter
  produced by the internal combustion of propellants.
    x.  Special  effect. A visual or audible effect used for entertainment
  purposes, often produced to create an illusion. For example, smoke might
  be produced to create the impression of fog being present, or a puff  of
  smoke,  a  flash  of light, and a loud sound might be produced to create
  the impression that a cannon has been fired.
    y. Support personnel. Any individual who is not a performer or  member
  of  the  audience. Among others, support personnel include the road crew
  of any production, stage hands, property masters, security guards,  fire
  watch officers, janitors, or any other employee.
    z. Venue manager. An individual who has overall responsibility for the
  operation  and  management  of the facility where pyrotechnics are to be
  used in a performance.
    2.  Permit  requirements.  a. All uses of all pyrotechnics in areas of
  public assembly shall be approved by the permit  authority.  The  permit
  authority  shall  determine that appropriate measures are established to
  provided  acceptable  crowd  management,  security,   fire   protection,
  (including  sprinklers),  and other emergency services. All planning and
  use of pyrotechnics shall be coordinated  with  the  venue  manager  and
  producer.
    b.  Before  the  performance  of  any  production, the permittee shall
  submit a plan for the use of pyrotechnics to the permit authority. After
  a permit has been granted, the permittee shall keep the  plan  available
  at  the  site  for  safety  inspectors or other designated agents of the
  permit authority. Any addition of pyrotechnics to a performance  or  any
  significant  change  in  the  presentation of pyrotechnics shall require
  approval by the permit authority, except that  reducing  the  number  or
  size of pyrotechnics to be used in a performance shall not be considered
  to be a significant change in the presentation.
    c.  (1)  The plan for the use of pyrotechnics shall be made in writing
  or such other form as is required or approved by the permit authority.
    (2) The plan shall provide the following:
    (a)  Name  of  the  person,  group,  organization,  or  other   entity
  sponsoring the production.
    (b) Date and time of day of the production.
    (c) Exact location of the production.
    (d)  Name  of the person actually in charge of firing the pyrotechnics
  (i.e., the pyrotechnic operator).
    (e) Number, names, and ages of all assistants who are to be present.
    (f) Qualifications of the pyrotechnic operator.
    (g) Pyrotechnic experience of the operator.
    (h) Confirmation of any applicable local, state, and federal  licenses
  held by the operator or assistant.
    (i)  Evidence  of  the  permittee's  insurance  carrier  or  financial
  responsibility.
    (j) Number and types of pyrotechnic devices and materials to be  used,
  the  operator's  experience  with  those  devices  and  effects,  and  a
  definition of the general responsibilities of assistants.
    (k) Diagram of the grounds or facilities where the production is to be
  held. This diagram shall show the point at which the pyrotechnic devices
  are to be fired, the fallout radius for each pyrotechnic device used  in
  the   performance,   the  lines  behind  which  the  audience  shall  be
  restrained, and the placement of sprinkler systems.
    (l) Point of on-site assembly of pyrotechnic devices.
    (m) Manner and place of  storage  of  the  pyrotechnic  materials  and
  devices.
    (n) Material safety data sheet (MSDS) for the pyrotechnic materials to
  be used.
    (o)  Certification  that  the  set, scenery, and rigging materials are
  inherently  flame-retardant  or  have  been  treated  to  achieve  flame
  retardancy.
    (p) Certification that all materials worn by performers in the fallout
  area   during   use   of   pyrotechnic   effects   shall  be  inherently
  flame-retardant or have been treated to achieve flame retardancy.
    (3) All plans shall be submitted as soon as is possible  so  that  the
  permit  authority  has time to be present and to notify other interested
  parties. In no event  shall  such  advance  notice  be  less  than  five
  business days.
    d.   A   walk-through   and  a  representative  demonstration  of  the
  pyrotechnics shall be approved by the permit authority before  a  permit
  is  approved.   The permit authority may waive this requirement based on
  past history, prior knowledge, and  other  factors;  provided  that  the
  authority  is  confident  that  the  discharge  of  pyrotechnics  can be
  conducted safely.  The demonstration shall be scheduled with  sufficient
  time  allowed to reset/reload the pyrotechnics before the arrival of the
  audience.
    e. All pyrotechnic operators shall be at least  twenty-one  years  old
  and  licensed or approved by the permit authority in accordance with all
  applicable laws, if any. All assistants shall be at least eighteen years
  old.
    3.  Conduct  of  pyrotechnic  performances.  a.  Two  or   more   fire
  extinguishers  of  the proper classification and size as approved by the
  permit authority shall be readily accessible while the pyrotechnics  are
  being  loaded, prepared for firing, or fired. In all cases, at least two
  pressurized water or pump extinguishers shall be  available.  Additional
  fire extinguishing equipment shall be provided as required by the permit
  authority.  Personnel  who  have  a  working knowledge of the use of the
  applicable fire extinguishers shall be present  while  the  pyrotechnics
  are  being  handled,  used, or removed. No personnel shall use or handle
  pyrotechnic  materials  or  devices  while  under   the   influence   of
  intoxicating    beverages,   narcotics,   controlled   substances,   and
  prescription or nonprescription drugs that  can  impair  judgment.  Fire
  detection  and  life  safety systems shall not be interrupted during the
  operation of pyrotechnic effects.
    b. (1) All pyrotechnic devices shall be mounted in a secure manner  to
  maintain  their proper positions and orientations so that, when they are
  fired, the pyrotechnic effects described in the plan  submitted  by  the
  permittee  are produced. Pyrotechnic devices shall be mounted so that no
  fallout from the device  endangers  human  lives,  results  in  personal
  injury,  or  damages property. Pyrotechnic materials shall be fired only
  from equipment  specifically  constructed  for  the  purpose  of  firing
  pyrotechnic materials. The pyrotechnic operator shall be responsible for
  selecting equipment and materials that are compatible.
    (2)  Where  rockets  are  launched  before an audience, performers, or
  support personnel, the rockets shall be attached  securely  to  a  guide
  wire  or  cable  with  both  ends  securely  attached  and  placed on an
  impact-resistant surface located at the terminal end of the guide.  This
  guide wire or cable shall be of sufficient strength and flame resistance
  to  withstand  the  exhaust from the rocket. An effective arrangement to
  stop the rocket shall be provided.
    (3) Pyrotechnics shall be: (a) placed so  that  any  hazardous  debris
  falls  into  a  safe,  flame-resistant  area;  (b)  fired  so  that  the
  trajectory of  their  pyrotechnic  material  is  not  carried  over  the
  audience;  and  (c) placed for firing so that no flammable materials are
  within their fallout area.
    (4)  Pyrotechnic  devices  and  materials  used   indoors   shall   be
  specifically manufactured and marked for indoor use by the manufacturer.
    (5)  Airbursts  shall  be  permitted  to  be fired above the assembled
  audience, subject to the following conditions:
    (a) The airburst shall be suspended by a minimum 30-gauge  metal  wire
  that  is  attached  securely  to  a  secure  support  acceptable  to the
  authority having jurisdiction.
    (b) The airburst shall occur at a minimum height of  three  times  the
  diameter of the effect.
    (c)  Where  the  effect  is demonstrated, there shall be no burning or
  glowing particles below the fifteen-foot level above the floor.
    c. Each  pyrotechnic  device  fired  during  a  performance  shall  be
  separated  from  the  audience  by at least fifteen feet but not by less
  than twice the fallout radius of the device. Concussion mortars shall be
  separated from the audience by a  minimum  of  twenty-five  feet.  There
  shall  be  no  glowing  or  flaming  particles  within  ten  feet of the
  audience.
    d. (1) The  facility  where  pyrotechnic  materials  and  devices  are
  handled and used shall be maintained in a neat and orderly condition and
  shall be kept free of any conditions that can create a fire hazard.
    (2) Smoking shall not be permitted within twenty-five feet of the area
  where  pyrotechnics are being handled or fired; provided that smoking by
  performers as part of the performance shall be permitted as  blocked  in
  rehearsals and if expressly approved by the pyrotechnic operator and the
  permit authority.
    e. (1) The pyrotechnic effect operator shall advise all performers and
  support  personnel  that  they  are  exposed  to a potentially hazardous
  situation   when   performing   or   otherwise   carrying   out    their
  responsibilities in the vicinity of a pyrotechnic effect. Performers and
  support  personnel familiar and experienced with the pyrotechnic effects
  being used shall be permitted to be in the area of a pyrotechnic effect,
  but only voluntarily and in the performance of their duties.
    (2) No part, projectile, or debris from the  pyrotechnic  material  or
  device  shall  be  propelled  so  that  it  damages overhead properties,
  overhead equipment, or the ceiling and walls of the facility.
    (3) Immediately before any performance, the pyrotechnic operator shall
  make a final check  of  wiring,  positions,  hook-ups,  and  pyrotechnic
  devices to ensure that they are in proper working order. The pyrotechnic
  operator also shall verify safety distances.
    (4)  The  placement  and  wiring  of  all pyrotechnic devices shall be
  designed to minimize the possibility of performers and support personnel
  disturbing the devices during a performance.
    (5) The pyrotechnic operator shall exercise  extreme  care  throughout
  the   performance  to  ensure  that  the  pyrotechnic  devices  function
  correctly and that the performers, support personnel, and  audience  are
  clear of the devices.
    (6) When pyrotechnics are fired, the quantity of smoke developed shall
  be controlled so as not to obscure the visibility of exit signs or paths
  of egress.
    4.  Bonds.  Before  granting  and  issuing  a  permit  for  a  use  of
  pyrotechnics as provided in this section,  the  permit  authority  shall
  require  an  adequate  bond  from  the  applicant  therefor, unless such
  applicant is a state park, county park, city, village, or town, or  from
  the person to whom a contract for such use shall be awarded, in a sum to
  be fixed by the permit authority, which, however, shall not be less than
  five  hundred  thousand  dollars,  conditioned  for  the  payment of all
  damages which may be caused to a person or persons  or  to  property  by
  reason  of  the  use  so  permitted  and  arising  from  any acts of the
  permittee, his or her agents, employees, contractors, or subcontractors.
  Such bond shall run to the owner of the facility for which the permit is
  granted and issued and shall be for the use and benefit of any person or
  persons or any owner or owners of any property so  injured  or  damaged,
  and such person or persons or such owner or owners are hereby authorized
  to  maintain  an action thereon, which right of action also shall accrue
  to the heirs, executors, administrators, successors, or assigns of  such
  person  or  persons  or  such  owner or owners. The permit authority may
  accept, in lieu  of  such  bond,  an  indemnity  insurance  policy  with
  liability  coverage and indemnity protection equivalent to the terms and
  conditions upon which such bond  is  predicated  and  for  the  purposes
  herein provided.
    5.  Local  laws or ordinances superseded. All local laws or ordinances
  regulating the use of pyrotechnics  within  the  contemplation  of  this
  section  are  hereby  superseded by the provisions of this section, with
  the exception of:
    a. all laws or ordinances enacted by a city of one  million  or  more;
  and
    b.  other  local  laws  or  ordinances that prohibit the use of indoor
  pyrotechnics.

S 405.12 Unpermitted use of indoor pyrotechnics in the second degree.
  A  person  is  guilty of unpermitted use of indoor pyrotechnics in the
second degree when he or she is responsible for  obtaining  a  necessary
permit  to  use  indoor  pyrotechnics,  as  required  by  paragraph o of
subdivision  one  of  section  405.10  of  this  article,  and,  without
obtaining  such  permit  or  knowing that he or she is not in compliance
with the terms of a permit, he or she intentionally ignites or detonates
pyrotechnics for which such permit is  required,  or  knowingly  permits
another  to  ignite  or  detonate  such  pyrotechnics, in a building, as
defined in paragraph e of subdivision one  of  section  405.10  of  this
article.
  Unpermitted use of indoor pyrotechnics in the second degree is a class
A misdemeanor.

S 405.14 Unpermitted use of indoor pyrotechnics in the first degree.
  A  person  is  guilty of unpermitted use of indoor pyrotechnics in the
first degree when he or she commits the  crime  of  unpermitted  use  of
indoor  pyrotechnics  in the second degree, as defined in section 405.12
of this article, and, within the previous five year period,  he  or  she
has  been convicted one or more times of the crime of unpermitted use of
indoor pyrotechnics in the second degree, as defined in  section  405.12
of  this article, or unpermitted use of indoor pyrotechnics in the first
degree, as defined in this section.
  Unpermitted use of indoor pyrotechnics in the first degree is a  class
E felony.

S 405.16 Aggravated unpermitted use of indoor pyrotechnics in the second
         degree.
  A   person   is   guilty  of  aggravated  unpermitted  use  of  indoor
pyrotechnics in the second degree when he or she commits  the  crime  of
unpermitted  use of indoor pyrotechnics in the second degree, as defined
in section 405.12  of  this  article,  and,  by  means  of  igniting  or
detonating  such  indoor  pyrotechnics, he or she recklessly: (1) causes
physical injury to another  person;  or  (2)  damages  the  property  of
another person in an amount that exceeds two hundred fifty dollars.
  Aggravated unpermitted use of indoor pyrotechnics in the second degree
is a class E felony.

S 405.18 Aggravated unpermitted use of indoor pyrotechnics in the first
         degree.
  A  person  is  guilty  of  aggravated  unpermitted   use   of   indoor
pyrotechnics  in  the  first  degree when he or she commits the crime of
unpermitted use of indoor pyrotechnics in the second degree, as  defined
in  section  405.12  of  this  article,  and,  by  means  of igniting or
detonating such indoor pyrotechnics, he or she recklessly causes serious
physical injury or death to another person.
  Aggravated unpermitted use of indoor pyrotechnics in the first  degree
is a class D felony.

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