EAST MILLINOCKET – A physics teacher at Schenck High School who devised a homemade indoor pyrotechnic device for a school musical, was summoned to court Monday for failure to obtain a fireworks display permit.

Peter Faloon, 44, will make his court appearance on the Class D offense next month in Millinocket District Court. If convicted, Faloon could be sentenced to up to 364 days in jail and fined.

It is unknown whether Faloon will face disciplinary action by Union 113 officials since Superintendent Sandra MacArthur was out of the region Tuesday and could not be reached for comment. Faloon declined to comment on the case.

The state Fire Marshal’s Office received a complaint that Faloon had made a pyrotechnic device used in the musical, “Annie Get Your Gun,” performed May 2 at the school. The device created both an audio and visual effect, in essence it exploded and blew popcorn all over the stage, according to Sgt. Stewart Jacobs, fire investigations supervisor with the state Fire Marshal’s Office.

State fire officials are vigilant for violations that could cause serious injury.

In February, a rock band’s giant sparklers ignited a fire that destroyed a Rhode Island nightclub. That fire killed 97 people and injured nearly 200. The band had used similar devices in a Bangor performance a few days earlier.

The same circumstances could have come to play at the musical since there was combustible material nearby, Jacobs said Tuesday. “Any of these are hazardous at best,” he said.

Jacobs said the pyrotechnic device, which involved an amount of smokeless powder used in reloading ammunition and an electronic initiating device, was discharged at the play.

He said the device has been recovered.