At a Dec. 8, 2014, Business Session, the City Council denied amendments to Billings Montana City Code (BMCC) 14-400, regulating public fireworks displays, during a second reading.  The denial came after a citizen raised questions about the need to contain a reference to oxidizers in Sec. 14-407, Definitions; specifications, and said the ordinance was in error because it included anything that burned.  The existing ordinance is more than 20 years old, conflicts with the adopted Montana Fire Code, and fails to meet National Fire Protection Association (NFPA) standards. Because the outdated code will remain in place until a new one is approved and becomes effective, the City Council created an initiative Dec. 8 to reconsider the proposed amendments at its Jan. 12, 2015, Business Session.

Staff has reviewed the code amendments adopted by other major Montana cities and found that two of them--Missoula and Bozeman--have adopted language that follows MCA 50-37-101 - Fireworks defined.  Butte, Helena and Great Falls don't define fireworks, which means they default to the State code.  The State code reads as follows:

"The term 'fireworks' means any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance."

The 2012 International Fire Code defines fireworks as follows:

FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein.

Fireworks, 1.4G. Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOT for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR Parts 1500 and 1507, are not explosive materials for the purpose of this code.

Fireworks, 1.3G. Large fireworks devices, which are explosive materials, intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition and other display pieces which exceed the limits for classification as 1.4G fireworks. Such 1.3G fireworks are also described as Fireworks, UN 0335 by the DOT.


After discussion, the staff recommends that the first paragraph of BMCC Sec. 14-407. Definitions; specifications as originally proposed be amended from the original language to the following:

Fireworks defined:  The term "fireworks" means any fireworks defined in 50-37-101 Montana Code Annotated (MCA) and/or the adopted fire code, including sky lanterns and excluding devices such as, but not limited to, candles, luminaries, gas or charcoal grills, yard torches and novelty items such as party poppers, snaps and toy caps.

The term "oxidizer" is not included in the state code, fire code or other Montana cities' code definition.  With the added exclusions (see above), staff believes that the definition is sufficiently clear to guide residents and pyrotechnic professionals and for staff to enforce the ordinance.

The final draft of the proposed ordinance is still being reviewed by City staff.  It will be sent to Council members and released to the public prior to the January 12, 2015 Council meeting.   

• Approve the ordinance on second reading as attached;
• Amend the proposed ordinance in another manner; or
• Deny any revisions to the ordinance, which leaves the City functioning under a 20-year-old version that conflicts with the adopted State fire code and fails to meet NFPA standards.