License and permit for manufacture of fireworks; sale, transfer, or exchange of explosive materials; punishment
Section 12. No building shall be used for the manufacturing of fireworks or firecrackers without a license from the local licensing authority. No building or structure shall be used for the manufacturing or storage of explosive materials without a permit issued by the marshal. Any person who has applied for or has been issued such a permit by the marshal, shall be deemed to have consented to periodic administrative inspections by the marshal or his designees of any building, structure, magazine or facility used to store such explosive materials or any records relating thereto. No person shall sell, transfer or exchange explosive materials within the commonwealth to any other person unless: (1) said transferee possesses the proper permit or certificate to possess, receive or store explosive materials; and (2) said transferee maintains, at the place of delivery, an approved, permitted, explosive storage magazine or bunker. Any information, data or record maintained by the marshal or his agents or designees, in any form, relative to the amount, location or nature of explosive material within the commonwealth, shall not be considered a public record, as defined in clause Twenty-sixth of section 7 of chapter 4. Such exception from the definition of “Public records” shall not preclude the release of such information to law enforcement personnel.
As used in this section, the words “explosive materials”, “fireworks” and “firecrackers” shall be defined by the board pursuant to its authority as provided by section 9. The board shall promulgate regulations to carry out this section, including strict record keeping requirements. Any person who violates this section shall be punished by imprisonment in a house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.