Sec. 4. (a) Nothing in this chapter shall be construed to prohibit:

(1) any resident wholesaler, manufacturer, importer, or distributor from selling:

Terms Used In Indiana Code 22-11-14-4

  • Distributor: means a person who sells fireworks to wholesalers and retailers for resale. See Indiana Code 22-11-14-1
  • Importer: means :

    Indiana Code 22-11-14-1

  • Indoor pyrotechnics special effects material: means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in National Fire Protection Association Standard 1126 (2001 edition)). See Indiana Code 22-11-14-1
  • Manufacturer: means a person engaged in the manufacture of fireworks. See Indiana Code 22-11-14-1
  • Person: means an individual, an association, an organization, a limited liability company, or a corporation. See Indiana Code 22-11-14-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Special discharge location: means a location designated for the discharge of consumer fireworks by individuals in accordance with rules adopted under section 3. See Indiana Code 22-11-14-1
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Wholesaler: means a person who purchases fireworks for resale to retailers. See Indiana Code 22-11-14-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(A) at wholesale fireworks not prohibited by this chapter; or

(B) consumer fireworks if they are to be used:

(i) on the property of the purchaser;

(ii) on the property of another who has given permission to use the consumer fireworks; or

(iii) at a special discharge location as set forth in section 3.5 of this chapter;

(2) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

(3) the sale or use of blank cartridges for:

(A) a show or theater;

(B) signal or ceremonial purposes in athletics or sports; or

(C) use by military organizations;

(4) the intrastate sale of fireworks not approved for sale in Indiana between interstate wholesalers;

(5) the possession, sale, or disposal of fireworks, incidental to the public display of Class B fireworks, by wholesalers or other persons who possess a permit to possess, store, and sell Class B explosives from the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice; or

(6) the use of indoor pyrotechnics special effects material before an indoor or outdoor proximate audience.

     (b) For the purposes of this section, a resident wholesaler, importer, or distributor, is a person who:

(1) is a resident of Indiana;

(2) possesses for storage or resale fireworks approved or not approved for sale in Indiana;

(3) is engaged in the interstate sale of fireworks described in subdivision (2) as an essential part of a business that is located in a permanent structure and is open at least six (6) months each year; and

(4) has possession of a certificate of compliance issued by the state fire marshal under section 5 of this chapter.

Formerly: Acts 1939, c.154, s.4. As amended by P.L.229-1985, SEC.3; P.L.168-1996, SEC.3; P.L.1-2006, SEC.347; P.L.187-2006, SEC.4.