IAL 061307.

• Case Date: June 13, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. IAL 061307. June 13, 2007IAL 061307Honorable James TaylorN.M. State Senate 3909 Camino Del Valle SW Albuquerque, NM 87105 Re: Request for Opinion - Regulation of FireworksDear Senator Taylor: You have requested our advice regarding whether a conflict currently exists in the definitions of the Fireworks Licensing and Safety Act, NMSA 1978, Sections 60-2C-1 to -11 that would prohibit the sale and use in New Mexico of multiple tube device fireworks with a maximum total weight of five hundred grams of pyrotechnic composition. It is our understanding that you successfully sponsored Senate Bill 267, which made several changes to the statute, including providing for a definition of multiple tube devices, during the 2007 legislative session. See N.M. Laws 2007, Ch. 268. According to your letter "a certain city fire marshal in New Mexico has reached the conclusion that the five-hundred gram total weight exception for multiple tube devices created by Senate Bill 267 poses an irreconcilable conflict with the general limitation of two hundred grams required" in Section 60-2C-2(H). Based on our examination of the relevant New Mexico constitutional, statutory and case law authorities, and on the information available to us at this time, we conclude that there is not a conflict and both sections can be read harmoniously together. The Fireworks Licensing and Safety Act defines a "cylindrical fountain" as a "cylindrical tube containing not more than 75 grams of pyrotechnic composition." NMSA 1978, Section 60-2C-2(H) (2007). The definition further states that when "more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundreds grams." Id. (emphasis added). It is our understanding that the two hundred gram limit was enacted in 1997. See N.M. Laws 1997, Ch. 17. It is also our understanding that Senate Bill 267 left this definition intact.(fn1) Senate Bill 267 did add a new term "multiple tube devices" and defined it as "a device that contains more than one cardboard tube and the ignition of one external fuse that causes all of the tubes to function in sequence." NMSA 1978, § 60-2C-2(V) (2007) (emphasis added). The definition further states that:

A maximum total weight of five hundred grams of pyrotechnic composition shall be permitted: provided

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