COLORADO
12-28-101. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Articles pyrotechnic" means pyrotechnic special effects materials and pyrotechnic devices for
professional use that are similar to consumer fireworks in chemical composition and construction but are intended
for theatrical performances and not intended for consumer use. "Articles pyrotechnic" shall also include pyrotechnic
devices meeting the weight limits for consumer fireworks but are not labeled as such and are classified as UN0431
or UN0432 pursuant to 49 CFR 172.101, as amended.
(1.5) "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by
combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than one hundred
thirty milligrams of explosive material, aerial shells containing more than forty grams of pyrotechnic compositions,
and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks as
defined in 16 CFR 1500.1 to 1500.272 and 16 CFR 1507.1 to 1500.12 and are classified as
fireworks UN0333, UN0334, or UN0335 pursuant to 49 CFR 172.101, as amended, and including fused set pieces
containing components that exceed fifty milligrams of salute powder.
(1.7) "Display retailer" means a person, including a manufacturer, who is licensed as a display retailer
under the provisions of section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes display
fireworks or articles pyrotechnic to a person authorized by section 12-28-103 to discharge fireworks in Colorado.
(2) "Exporter" means any person, including a manufacturer, licensed as an exporter under the provisions of
section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes fireworks for export outside
of the state of Colorado.
(3)(a) "Fireworks" means any composition or device designed to produce a visible or audible effect by
combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible
fireworks, or display fireworks.
(b) "Fireworks" does not include:
(I) Toy caps, party poppers, and items similar to toy caps and party poppers that do not contain
more than sixteen milligrams of pyrotechnic composition per item and snappers that do not contain more than one
milligram of explosive composition per item;
(II) Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency
signal devices;
(III) Educational rockets and toy propellant device type engines used in such rockets when such
rockets are of nonmetallic construction and utilize replaceable engines or model cartridges containing less than two
ounces of propellant and when such engines or model cartridges are designed to be ignited by electrical means;
(IV) Fireworks which are used in testing or research by a licensed explosives laboratory.
(3.5) "Fireworks display operator" includes an individual who, by experience and training, has
demonstrated the required skill and ability to safely set up and discharge display fireworks.
(4) "Fund" means the fireworks licensing cash fund created in section 12-28-104 (6) (b).
(5) "Governing body" means:
(a) The city council, town council, board of trustees, or other governing body of any city or town, as to the
area within the corporate limits of such city or town;
(b) The board of directors of any fire protection district organized pursuant to part 1 of article 1 of title 32,
C.R.S., as to the area within the boundaries of such fire protection district; and
(c) The board of county commissioners as to the area within a county outside the corporate limits of any
city or town or the boundaries of any fire protection district.
(6) "Local authority" means the duly authorized fire department, police department, or sheriff's department
of a local jurisdiction.
(7) "Manufacturer" means any person who manufactures, makes, constructs, or produces fireworks.
(8)(a) "Permissible fireworks" means the following small fireworks devices designed to produce audible or
visual effects by combustion, complying with the requirements of the United States consumer product safety
commission as set forth in 16 CFR 1500.1 to 1500.272 and 1507.1 to 1507.12, and classified as consumer
fireworks UN0336 and UN0337 pursuant to 49 CFR 172.101:
(I) Cylindrical fountains, total pyrotechnic composition not to exceed seventy five grams each for
a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic composition of no
more than two hundred grams;
(II) Cone fountains, total pyrotechnic composition not to exceed fifty grams each for a single cone
or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than two
hundred grams;
(III) Wheels, total pyrotechnic composition not to exceed sixty grams for each driver unit or two
hundred grams for each complete wheel;
(IV) Ground spinner, a small device containing not more than twenty grams of pyrotechnic
composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to
be placed flat on the ground;
(V) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed
two hundred grams each;
(VI) Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one
hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five grams;
(VII) Any of the following that do not contain more than fifty milligrams of explosive
composition:
(A) Explosive auto alarms;
(B) Toy propellant devices;
(C) Cigarette loads;
(D) Strike on box matches; or
(E) Other trick noise makers;
(VIII) Snake or glow worm pressed pellets of not more than two grams of pyrotechnic
composition and packaged in retail packages of not more than twenty five units;
(IX) Fireworks that are used exclusively for testing or research by a licensed explosives
laboratory;
(X) Multiple tube devices with:
(A) Each tube individually attached to a wood or plastic base;
(B) The tubes separated from each other on the base by a distance of at least one half of one inch;
(C) The effect limited to a shower of sparks to a height of no more than fifteen feet above the
ground:
(D) Only one external fuse that causes all of the tubes to function in sequence; and
(E) A total pyrotechnic composition of no more than five hundred grams.
(b) "Permissible fireworks" do not include aerial devices or audible ground devices, including, but not
limited to, firecrackers.
(9) "Person" includes an individual, partnership, firm, company, association, corporation, or governmental
entity.
(9.5) "Pyrotechnic operator" includes an individual who, by experience and training, has demonstrated the
required skill and ability to safely set up and discharge articles of pyrotechnics.
(10) "Retailer" means any person who sells, delivers, consigns, or furnishes permissible fireworks to
another person not for resale.
(11) "Storage" means the possession of fireworks for safe custody, where the safekeeping is the principal
object of deposit, and not the consumption or sale.
(12) "Wholesaler" means any person, including a manufacturer, who is licensed as a wholesaler under
section 12-28-104 and who sells, delivers, consigns, gives, or otherwise furnishes permissible fireworks to a retailer
for resale in Colorado.
12-28-102. Unlawful use or sale of fireworks exceptions.
(1) Except as provided for in subsection (6) of this section, it shall be unlawful for any person to knowingly
furnish to any person who is under sixteen years of age, by gift, sale, or any other means, any fireworks, including
those defined as permissible fireworks in section 12-28-101 (8).
(2) Except as provided for in subsection (6) of this section, it shall be unlawful for any person who is under
sixteen years of age to purchase any fireworks, including those defined as permissible fireworks in section 12-28--
101 (8).
(3) Nothing in this section shall be construed to prohibit any statutory or home rule municipality from
enacting any ordinance which prohibits a person under sixteen years of age from purchasing any fireworks,
including those defined as permissible fireworks in section 12-28-101 (8).
(4) Any person who sells or offers to sell any fireworks, including those defined as permissible fireworks in
section 12-28-101 (8), shall display a warning sign, as specified in this subsection (4). Said warning sign shall be
displayed in a prominent place on the premises at all times, shall have a minimum height of eight and one half
inches and a minimum width of eleven inches, and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER SIXTEEN YEARS OF AGE TO PURCHASE ANY FIREWORKS.
VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $750.00, BY IMPRISONMENT FOR UP TO SIX
MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(5) Except as provided in this section and in section 12-28-103, it shall be unlawful for any person to
possess or discharge any fireworks, other than permissible fireworks, anywhere in this state.
(6) At all times that it is lawful for any person over the age of sixteen years to possess and discharge
permissible fireworks, it shall also be lawful for a person under the age of sixteen years to possess and discharge
permissible fireworks, if such person is under adult supervision.
(7)(a) Except as provided in this section, it shall be unlawful for any person who is not licensed as a retailer
under this article, in retail transactions with the public, to offer for sale, expose for sale, sell, or have in such person's
possession with the intent to offer for sale any permissible fireworks.
(8)(a) Except as provided in this section, it shall be unlawful for any person who is not licensed as a display
retailer, wholesaler, or exporter under this article, in transactions other than retail transactions with the public, to
offer for sale, expose for sale, sell, or have in such person's possession with the intent to offer for sale any
fireworks including permissible fireworks.
(9) Nothing in this article shall prevent or regulate:
(a) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;
(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics
or sports, or for use by military organizations;
(c) The sale, purchase, possession, or use of fireworks distributed by the division of wildlife for agricultural
purposes under conditions approved by said division; or
(d) The sale, delivery, consignment, gift, or furnishing of fireworks among display retailers, wholesalers, or
exporters licensed under this article.
12-28-103. Permits exceptions to permit requirements.
(1) Any governing body has the power to grant nontransferable and nonassignable permits within the area
under its jurisdiction for the storage of fireworks or for the facilities used for the retail sales of fireworks, including
permissible fireworks, by any person and to adopt reasonable rules for the granting of such permits. The fee for a
permit issued pursuant to this subsection (1) shall be limited to what is reasonable and necessary to cover the direct
and indirect costs associated with the granting and enforcement of such permits.
(2) Any governing body has the power to grant nontransferable and nonassignable permits within the area
under its jurisdiction for displays of fireworks or pyrotechnic special effects performances by any person, fair
association, amusement park, or other organizations or groups and to adopt reasonable rules for the granting
of such permits.
(3) No permit shall be required for the display of fireworks at the state fairgrounds by the board of
commissioners of the Colorado state fair authority, at any duly authorized county or district fair, or at any
display by any governing body or local authority.
(4) The discharge of fireworks pursuant to a permit provided for in subsection (2) of this section, or as
otherwise provided in subsection (3) of this section, shall be lawful in Colorado, if the display or pyrotechnic special
effects performance is performed in accordance with the requirements of the national fire protection association as
stated in NFPA1123, code for the outdoor display of fireworks or NFPA1126, standard for the use of pyrotechnics
before a proximate audience.
12-28-104. Licensing creation of fireworks licensing cash fund.
(1) No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks
for retail until that person first obtains a retailer of fireworks license from the director of the division of fire safety
within the department of public safety and the permit, if any, required by section 12-28-103 (1). Such retailer's
license shall be good only for the calendar year in which it is issued, shall apply to only one retail
location, and shall at all times be displayed at the place of business of such licensed retailer.
(2) No person shall sell, deliver, consign, give, or furnish fireworks to a person authorized by section 12-
28-103 to discharge fireworks in Colorado until that person first obtains a display retailer of fireworks
license from the director of the division of fire safety within the department of public safety within the department of
public safety and the permit, if any, required by section 12-28-103 (1).
(3) No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in
Colorado until that person first obtains a wholesaler of fireworks license from the director of the division of
fire safety within the department of public safety and the permit, if any, required by section 12-28-103 (1).
(4) No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that
person first obtains an exporter of fireworks license from the director of the division of fire safety within the
department of public safety and the permit, if any, required by section 12-28-103 (1).
(5) Applications for each display, retail, wholesale, and export license shall be filed with the director of the
division of fire safety within the department of public safety at least thirty days before the start of activities for
which the license is required. Each such license shall be valid through September 1 of the year following
the date on which the license was issued.
(6)(a) All fees pursuant to this article shall be collected by the director of the division of fire safety within
the department of public safety.
(b) All moneys received by the director pursuant to the administration of this article and all interest
earned on the moneys shall be deposited in the state treasury in the fireworks licensing cash fund, which fund is
hereby created, and the moneys shall be used, subject to annual appropriations by the general assembly, for the
purposes set forth in this article, and shall not be deposited in or transferred to the general fund of the state of
Colorado or any other fund.
(c) (I) The executive director of the department of public safety shall set fees pursuant to this article at
such rates as are necessary to provide for the direct and indirect costs and expenses of the department of public
safety in the administration of this article; except that the fee for a:
(A) Retailer of fireworks license shall not exceed twentyfive dollars;
(B) Display retailer of fireworks license, a wholesaler of fireworks license, or an exporter of
fireworks license shall not exceed seven hundred fifty dollars; and
(II) Such rates shall be reviewed annually by the executive director of the department of public
safety.
(7) The executive director of the department of public safety shall promulgate rules to implement the
provisions of this article. Such rules may include requirements for the certification of fireworks display operators
and pyrotechnic operators, and any other requirements that are reasonably necessary for the safety of workers and
the public and the protection of property. The procedure for the promulgation of such rules shall
be in accordance with the provisions of section 24-4103, C.R.S.
(8) Any person aggrieved by a decision or order of the director of the department of public safety may seek
judicial review pursuant to the provisions of section 24-4106, C.R.S.
(10) This section shall take effect July 15, 1991.
12-28-105. Importation of fireworks duties of licensees - retention of invoices for inspection.
(1) It shall be unlawful for any person not licensed as a display retailer, wholesaler, or exporter under the
provisions of section 12-28-104 to bring any fireworks including permissible fireworks into this state. Retail
purchasers shall not purchase fireworks by mail order or receive any fireworks in Colorado by mail, parcel service,
or other carrier. All fireworks sales and deliveries to retail purchasers in Colorado shall be made in
Colorado and shall be conducted only by persons licensed pursuant to this article.
(2) It shall be unlawful for any retailer to sell, offer for sale, expose for sale, or possess with intent to sell
any permissible fireworks in this state which have not been purchased from a wholesaler licensed under the
provisions of section 12-28-104.
(3) It shall be unlawful for a person to conduct any fireworks display or pyrotechnic special effects
performance using fireworks that have not been purchased from a display retailer licensed under the
provisions of section 12-28-104.
(4) Any retailer licensed under the provisions of section 12-28-104 (1), and any person who discharges
fireworks pursuant to section 12-28-103 (2) or (3), shall keep available, for inspection by local authorities, a copy of
each invoice for fireworks purchased as long as any fireworks included on such invoice are held in such person's
possession. Such invoice shall show the license number of the wholesaler or display retailer from whom such
fireworks were purchased.
(5) This section shall take effect July 15, 1991.
12-28-106. Exportation of fireworks.
(1) It shall be unlawful to export fireworks, other than permissible fireworks, from the state of Colorado,
unless such fireworks are transported in accordance with the regulations of the United States department of
transportation regulating the transportation of explosives, fireworks, and other dangerous articles by motor, rail, air,
and water and the exporter obtains a signed bill of lading from each person transporting such fireworks, which shall
show the quantity and types of fireworks transported and the recipient's full legal name and address.
(2) The exporter may transport such fireworks by common carrier or by the exporter’s vehicle; except that
the sale of such fireworks for transport in the purchaser’s vehicle is unlawful unless:
(a) The exporter requires the purchaser to display a valid motor vehicle driver's license issued by a state
other than the state of Colorado and records the number and state of issue of such driver's license on the bill of
lading pertaining to such sale, and further requires the purchaser to display a valid motor vehicle registration
showing that the purchaser owns a motor vehicle licensed in a state other than the state of Colorado, which license
plate number and state of issue shall be recorded on the bill of lading pertaining to such sale; or
(b) The exporter requires the purchaser to display a valid motor vehicle driver's license issued by the state
of Colorado and records the number and state of issue of such driver's license on the bill of lading pertaining to such
sale, and further requires the purchaser to furnish a valid wholesale or retail license number or resale license number
issued by the governing body of a state or local authority located outside of the state of Colorado,
which number and state of issue shall be recorded on the bill of lading pertaining to such sale.
(3) The bills of lading required by this section shall be retained by the exporter for a period of three years
from the date of such sale.
12-28-107. Regulation by municipalities and counties.
(1) This article shall not be construed to prohibit the imposition by municipal ordinance of further
regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within
the corporate limits of any city or town, but no such city or town shall permit or authorize the sale, use, or
possession of any fireworks in violation of this article.
(2) This article shall not be construed to prohibit the imposition by county ordinance of further regulations
and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within all or any
part of the unincorporated areas of a county, but no county shall permit or authorize the sale, use or possession of
any fireworks in violation of this article.
12-28-108. Storage of fireworks.
All storage of fireworks shall be in accordance with the building and fire codes adopted by the governing
body.
12-28-109. Seizure of fireworks.
The local authorities shall seize, take, and remove, at the expense of the owner, all stocks of fireworks,
including permissible fireworks, offered or exposed for sale, stored, or held in violation of this article.
12-28-110. Violations penalty.
Any person who violates any provision of this article commits a class 3 misdemeanor and shall be
punished as provided in section 181.3501, C.R.S.
12-28-111. Denial, suspension, or revocation of or refusal to renew license.
(1) The executive director of the department of public safety may deny, suspend, revoke, or refuse to renew
any license issued or applied for under the provisions of this article for any of the following reasons:
(a) Violations of any of the provisions of this article;
(b) A conviction of any felony, but subject to the provisions of section 24-5101, C.R.S.;
(c) A conviction pursuant to section 12-28-110;
(d) Any material misstatement, misrepresentation, or fraud in obtaining a license.
(2) Such revocation or suspension proceedings shall be brought by the Colorado executive director of the
department of public safety pursuant to the provisions of the "State Administrative Procedure Act", article 4 of title
24, C.R.S.
