New Law for Sky Lanterns

[James Fountain]

The State Fire Marshal’s Office continues to receive requests for
information on the “Sky Lantern Law” that just went into effect
yesterday. It seems that many of the local fireworks stands continue
to sell these even though they have been banned by state law except by
use of a licensed fireworks operator. Several fire chiefs have asked
that I send out information of this new law and a copy of the Act is
attached. The Tennessee Fire Coalition worked very hard at the
request of fire departments across the state to get this law passed.

Problems associated with using these devices include ignition of
combustibles (grass, trees, and other materials) when they fall from
the sky as well as a livestock hazard when animals consume the remains
of the candles. This has been a significant hazard at large events
when hundreds of these have been set off at the same time.

Public Chapter Number 204 was one of the new laws that took effect as
of yesterday July, 1, 2011. This act within the Tennessee Code
Annotated, Title 68, Chapter 104, Part 1 relative to fireworks states
the following...

SECTION 1, Tennessee Code Annotated, Section 68-104-101(9), is amended
by deleting the subdivision in its entirety and substituting instead
the following:

(9) “Special fireworks” means:

(A) All articles of fireworks that are classified as Class B
explosives in the regulations of the United States Department of
Transportation;
(B) All articles of fireworks other than those classified as Class C;
and
(C) Unmanned free-floating devices capable of producing an open flame
such as, but not limited to, sky lanterns;

SECTION 2. This act shall take effect July 1, 2011, the public welfare
requiring it.

Passed and approved by Governor Haslam on May 20, 2011.