661—265.20(100) Definitions. The following definitions apply to Division III.
“APA 87-1” means the American Pyrotechnics Association Standard 87-1, as published in December 2001.
“Commercial fireworks” means large firework devices that are explosive materials intended for use in firework displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as set forth in 27 CFR 555, 49 CFR 172, and APA Standard 87-1, Standard for the Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.
“Community group” means a nonprofit entity that is open for membership to the general public and is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code or a fraternal benefit society, as that term is defined in Iowa Code section 512B.3.
“Consumer fireworks” means small firework devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission (CPSC), as set forth in CPSC 16 CFR 1500 and 1507, 49 CFR 172, and APA Standard 87-1, Standard for the Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.
“First-class consumer fireworks” means the following consumer fireworks, as described in APA 87-1, chapter 3:
	1.	Aerial shell kits and reloadable tubes.
	2.	Chasers.
	3.	Helicopter and aerial spinners.
	4.	Firecrackers.
	5.	Mine and shell devices.
	6.	Missile-type rockets.
	7.	Roman candles.
	8.	Sky rockets and bottle rockets.
	9.	Multiple tube devices as described in this definition of first-class consumer fireworks that are manufactured in accordance with APA 87-1, section 3.5.
“NFPA 1124” means the National Fire Protection Association (NFPA) Standard 1124, published in the Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition.
“Retailer” means the same as defined in Iowa Code section 423.1.
“Second-class consumer fireworks” means the following consumer fireworks, as described in APA 87-1, chapter 3:
	1.	Cone fountains.
	2.	Cylindrical fountains.
	3.	Flitter sparklers.
	4.	Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA 87-1, section 3.5.
	5.	Ground spinners.
	6.	Illuminating torches.
	7.	Toy smoke devices that are not classified as novelties pursuant to APA 87-1, section 3.2.
	8.	Wheels.
	9.	Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2.
“Serious violation” means any of the following activities occurring at a licensed retail location selling consumer fireworks:
	1.	Commission of a criminal offense, punishable by one year or more incarceration.
	2.	Selling consumer fireworks to a minor.
	3.	Selling commercial fireworks.
[ARC 3124C, IAB 6/21/17, effective 5/31/17; ARC 3592C, IAB 1/17/18, effective 2/21/18; ARC 5255C, IAB 11/4/20, effective 12/9/20]