Georgia

GEORGIA

Title 25. Fire Protection and Safety

Chapter 10. Regulation of Fireworks

§25-10-1. Definitions

(a) As used in this chapter, the term:

(1) "Consumer fireworks" means any small fireworks 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 United States Consumer Product Safety Commission as

provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the

United States Department of Transportation as provided for in Part 172 of Title 49 of the

Code of Federal Regulations, and the American Pyrotechnics Association as provided for

in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall

mean Roman candles.

(2) "Consumer fireworks retail sales facility" shall have the same meaning as

provided for by NFPA 1124.

(3) "Consumer fireworks retail sales stand" shall have the same meaning as

provided for by NFPA 1124.

(4) "Distributor" means any person, firm, corporation, association, or partnership

which sells consumer fireworks.

(5) "Fireworks" means any combustible or explosive composition or any

substance or combination of substances or article prepared for the purpose of producing a

visible or audible effect by combustion, explosion, deflagration, or detonation, including

blank cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other

combustibles and explosives of like construction, as well as articles containing any

explosive or flammable compound and tablets and other devices containing an explosive

substance.

(6) "NFPA 1124" means the National Fire Protection Association Standard 1124,

Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and

Pyrotechnic Articles, 2006 Edition.

(7) "Nonprofit group" means any entity exempt from taxation under Section

501(c)(3) of the Internal Revenue Code of 1986.

(8) "Proximate audience" means an audience closer to pyrotechnic devices than

permitted by the National Fire Protection Association Standard 1123, Code for Fireworks

Display, as adopted by the Safety Fire Commissioner.

(9) "Pyrotechnics" means fireworks.

(10) "Retail chain" means a person, firm, corporation, association, or partnership

with more than one store, where all such stores are collectively known to the public by

the same name or share central management.

(11) "Store" shall have the same meaning as provided for by NFPA 1124.

(b) As used in this chapter, the term "consumer fireworks" or "fireworks" shall

not include:

(1) Model rockets and model rocket engines designed, sold, and used for the

purpose of propelling recoverable aero models, toy pistol paper caps in which the

explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy

pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall

the term "consumer fireworks" or "fireworks" include ammunition consumed by weapons

used for sporting and hunting purposes; and

(2) Wire or wood sparklers of 100 grams or less of mixture per item; other

sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of

chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and

glow worms; smoke devices; or trick noise makers which include paper streamers, party

poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of

explosive mixture.

§25-10-2. Prohibited fireworks activities

(a) It shall be unlawful for any person, firm, corporation, association, or

partnership to offer for sale at retail or wholesale, to use or explode or cause to be

exploded, or to possess, manufacture, transport, or store any consumer fireworks or

fireworks, except as otherwise provided in this chapter.

(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be

unlawful for any person, firm, corporation, association, or partnership to sell consumer

fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-

1 to any person under 18 years of age.

(2) It shall be unlawful to sell consumer fireworks or any items defined in

paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means

other than an in-person, face-to-face sale. Such person shall provide proper identification

to the seller at the time of such purchase. For purposes of this paragraph, the term "proper

identification" means any document issued by a governmental agency containing a

description of the person or such person's photograph, or both, and giving such person's

date of birth and includes without being limited to a passport, military identification card,

driver's license, or identification card authorized under Code Sections 40-5-100 through

40-5-104.

(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items

defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors.

(B) Except as provided for in subparagraph (D) of this paragraph and subject to

paragraph (4) of this subsection, it shall be lawful for any person, firm, corporation,

association, or partnership to use or explode or cause to be exploded any consumer

fireworks on any day between the hours of 10:00 A.M. and 12:00 Midnight only;

provided, however, that it shall be lawful for any person, firm, corporation, association,

or partnership to use or explode or cause to be exploded any consumer fireworks on

January 1, July 3, July 4, and December 31 of each year between the hours of 12:00

Midnight and 2:00 A.M.

(C) Subject to paragraph (4) of this subsection, it shall be lawful for any person,

firm, corporation, association, or partnership to use or explode or cause to be exploded

any consumer fireworks anywhere in this state except:

(i) As provided for under subparagraph (A) of this paragraph;

(ii) In any location where such person, firm, corporation, association, or

partnership is not lawfully present or is not otherwise lawfully permitted to use or

explode or cause to be exploded any consumer fireworks; or

(iii) Within 100 yards of a nuclear power facility or a facility engaged in the retail

sale of gasoline or the production, refining, processing, or blending of gasoline for such

retail purposes.

(D) Any person, firm, corporation, association, or partnership may use or explode

or cause to be exploded any consumer fireworks on any day at a time not provided for

under subparagraph (B) of this paragraph if such person, firm, corporation, association, or

partnership is issued a special use permit pursuant to the law of a governing authority of a

county or municipal corporation for the use or explosion of consumer fireworks in a

location within such county or municipality at a time not provided for under

subparagraph (B) of this paragraph. Such special use permit shall designate the time or

times and location that such person, firm, corporation, association, or partnership may use

or explode or cause to be exploded such consumer fireworks. A fee assessed by a county

or municipal corporation for the issuance of a special use permit pursuant to this

subparagraph shall not exceed $100.00. No governing authority or official of a county,

municipality, or other political subdivision shall bear liability for any decisions made

pursuant to this Code section.

(4)(A) It shall be lawful for any person 18 years of age or older to use or explode

or cause to be exploded or to possess, manufacture, transport, or store consumer

fireworks.

(B) To the extent otherwise permitted by law, it shall be lawful for any person

who is 16 or 17 years of age to possess or transport consumer fireworks, provided that

such person is serving as an assistant to a distributor licensed under subsection (c) of

Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's

application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting

such consumer fireworks on a highway which constitutes a part of The Dwight D.

Eisenhower System of Interstate and Defense Highways.

(5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer

for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this

chapter.

(B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer

for sale at retail or wholesale any consumer fireworks, provided that such person is

serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-

10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to

subsection (c) of Code Section 25-10-5.1.

(6) (A) It shall be lawful to sell consumer fireworks from a permanent consumer

fireworks retail sales facility or store only if such permanent consumer fireworks retail

sales facility or store is:

(i) In compliance with the requirements for such a permanent consumer fireworks

retail sales facility or store in the selling of consumer fireworks as provided for in NFPA

1124; and

(ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b)

or (d) of Code Section 25-10-5.1.

(B) It shall be lawful to sell consumer fireworks from a temporary consumer

fireworks retail sales stand only if such temporary consumer fireworks retail sales stand

is:

(i) In compliance with the requirements for such a temporary consumer fireworks

retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;

(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political

subdivision or a fire department connection of a building affiliated with such consumer

fireworks retail sales stand, unless the chief administrative officer of the fire department

of a county, municipality, or other political subdivision or chartered fire department

legally organized to operate in this state pursuant to Chapter 3 of this title and having

operational authority over such location of the temporary consumer fireworks retail sales

stand provides in writing that such temporary consumer fireworks retail sales stand may

operate in excess of 1,000 feet from such fire hydrant or fire department connection; and

(iii) Selling consumer fireworks of a distributor licensed pursuant to subsection

(c) of Code Section 25-10-5.1. No distributor licensed pursuant to subsection (c) of Code

Section 25-10-5.1 shall at any one time operate more than two temporary consumer

fireworks retail sales stands for each license issued to such distributor under subsection

(b) or (d) of Code Section 25-10-5.1, except that a distributor which is a retail chain and

which is licensed pursuant to subsection (d) of Code Section 25-10-5.1 shall not at any

one time operate more than two temporary consumer fireworks retail sales stands for

each store of such retail chain. Such temporary consumer fireworks retail sales stands

shall be located within the same county as the location of such permanent consumer

fireworks retail sales facility or store provided for under subsection (b) or (d) of Code

Section 25-10-5.1; provided, however, that if a county does not have a distributor

licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1 offering consumer

fireworks for sale from a permanent consumer fireworks retail sales facility or store

within its boundaries, then a distributor licensed pursuant to subsection (b) or (d) of Code

Section 25-10-5.1 offering consumer fireworks for sale from a permanent consumer

fireworks retail sales facility or store within 75 miles of the perimeter of the boundaries

of such county may locate one of the two temporary consumer fireworks retail sales

stands in the unserved county.

(C) It shall be unlawful to sell consumer fireworks from any motor vehicle or

from a trailer towed by a motor vehicle.

§25-10-3. Permitted sales and uses of fireworks

Nothing in this chapter shall be construed to prohibit the following:

(1) The wholesale or retail sale of fireworks for use in a public exhibition or

public display and the transportation of fireworks for such use, provided that any person

selling at wholesale or retail or transporting fireworks for such use must have a duplicate

copy of the permit which has been issued by the judge of the probate court to a person,

firm, corporation, association, or partnership which has been authorized to hold a public

exhibition or display, and provided, further, that the seller maintains and makes available

for inspection by the Safety Fire Commissioner or the designee thereof the record of any

such fireworks sale for a period of 18 months from the date of sale;

(2) Use by railroads or other transportation agencies of fireworks specifically

designed and intended for signal purposes or illumination;

(3) The sale or use of blank cartridges for a show or theater or for signal or

ceremonial purposes in athletic or sports events or for use by military or police

organizations; or

(4) The manufacture of any fireworks not prohibited by Congress or any federal

agency; the possession, transportation, and storage of any such fireworks by any

manufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in

accordance with the provisions of Code Section 25-10-3.1; the possession, transportation,

or distribution of any such fireworks to a distributor located outside this state; the sale of

such fireworks by any such manufacturer to a distributor located outside this state; or the

possession and transportation of such fireworks by any manufacturer or contractor or

common carrier from the point of manufacture within this state to any point outside this

state.

§ 25-10-5.1. Requirements for issuance of license to distribute consumer fireworks

(a)(1) A license pursuant to this Code section shall only be issued to a distributor

that:

(A) Complies with all the requirements of this chapter; and

(B) Maintains at all times public liability and product liability insurance with

minimum coverage limits of $2 million to cover the losses, damages, or injuries that

might ensue to persons or property as a result of selling consumer fireworks.

(2) Any person who knowingly and willfully makes a false, fictitious, or

fraudulent statement of representation in an application executed pursuant to this Code

section shall be guilty of a violation of Code Section 16-10-20.

(b)(1) The initial license fee for a distributor selling consumer fireworks from a

permanent consumer fireworks retail sales facility shall be $5,000.00 per location,

payable to the Safety Fire Commissioner. Upon a finding that a distributor has met the

requirements of paragraph (1) of subsection (a) of this Code section and upon payment of

such license fee, such initial license shall be issued by the Safety Fire Commissioner and

shall identify the permanent consumer fireworks retail sales facility applicable to such

license. Such initial license shall expire on January 31 of the year after such initial license

was issued. After such initial license, such distributor may annually renew such initial

license for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding

that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code

section and upon payment of such license fee, such annual license shall be issued by the

Safety Fire Commissioner and shall identify the permanent consumer fireworks retail

sales facility applicable to such license. Such annual license shall expire on January 31 of

each year; provided, however, that a distributor shall not apply for an annual license

earlier than 30 days prior to the expiration of an initial license or annual license.

(2) The determination by the Safety Fire Commissioner of whether a distributor

has met requirements for the issuance of a license required by this subsection shall be

made within 15 days of the submission of an application for any such license. Such

application shall be in writing and, if the Safety Fire Commissioner provides for a written

form for the application for a license pursuant to this Code section, upon such form as

may be provided by the Safety Fire Commissioner. If a determination has not been made

within the time provided for by this paragraph, or for an appeal of a determination by the

Safety Fire Commissioner, a distributor may seek review from the judge of the probate

court of the county of the location or proposed location of the permanent consumer

fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of

a license and for the payment of license fees in such manner as is consistent with the

provisions of this subsection.

(c)(1) The license fee for a distributor selling consumer fireworks from a

temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to

the governing authority of the county, municipality, or other political subdivision of this

state in whose boundaries such temporary consumer fireworks retail sales stand shall be

located or is proposed to be located. Upon finding that a distributor has met the

requirements of paragraph (1) of subsection (a) of this Code section, has a license

pursuant to subsection (b) or (d) of this Code section for a location applicable to the

location of such temporary consumer fireworks retail sales stand as provided for in

subparagraph (b)(6)(B) of Code Section 25-10-2, has no more than the allowable

temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of

Code Section 25-10-2, that the sales of consumer fireworks from such temporary

consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and

upon payment of such license fee, such license shall be issued by the fire department of

the county, municipality, or other political subdivision or the chartered fire department

legally organized to operate in this state pursuant to Chapter 3 of this title and having

operational authority of the area in which such temporary consumer fireworks retail sales

stand shall be located or is proposed to be located; provided, however, that no such

license shall be issued prior to January 1, 2016. Such license shall identify the temporary

consumer fireworks retail sales stand applicable to such license and shall expire 90 days

after the issuance of such license.

(2) A determination by a fire department as provided for under paragraph (1) of

this subsection of whether a distributor has met requirements for the issuance of a license

pursuant to this subsection shall be made within 15 days of the submission of an

application for any such license. Such application shall be in writing and, if such fire

department provides for a written form for the application for a license pursuant to this

Code section, upon such form as may be provided by such fire department. If a

determination has not been made within the time provided for by this paragraph, or for an

appeal of a determination by such fire department, a distributor may seek review from the

judge of the probate court of the county of the location or proposed location of the

temporary consumer fireworks retail sales stand. Such judge may provide for the issuance

or nonissuance of a license and for the payment of license fees in such manner as is

consistent with the provisions of this subsection.

(3) A nonprofit group benefiting from the sale of consumer fireworks pursuant to

this Code section shall directly participate in operating the temporary consumer fireworks

retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide

representative of a nonprofit group to knowingly lend the name of the nonprofit group or

allow the identity of the nonprofit group to be used for the license under this subsection if

such nonprofit group is not directly participating in operating such temporary consumer

fireworks retail sales stand.

(4) The governing authority of a county, municipality, or other political

subdivision receiving fees pursuant to this Code section shall expend such fees for public

safety purposes.

(5) A distributor licensed pursuant to this subsection shall submit a list of the

names and addresses, including the counties, of each temporary consumer fireworks retail

sales stand at which such distributor has consumer fireworks offered for sale pursuant to

this Code section to the Safety Fire Commissioner. Such list shall be submitted by

January 31 of each year and such distributor shall amend such list, or file an initial list if

such distributor first becomes licensed after January 31 of a particular year, within 45

days of having such distributor's consumer fireworks offered for sale at a location not

previously included on such list. The Safety Fire Commissioner shall make such list

publicly available for inspection. In making determinations as provided for under this

subsection, fire departments shall reference the list provided for by this paragraph.

(d)(1) The initial license fee for a distributor selling consumer fireworks from a

store shall be $5,000.00, payable to the Safety Fire Commissioner, provided that, if a

store is a retail chain, one payment of $5,000.00 shall satisfy such license fee for each

store of the retail chain. Upon finding that a distributor has met the requirements of

paragraph (1) of subsection (a) of this Code section, such initial license shall be issued by

the Safety Fire Commissioner and, if issued to a store which is a retail chain, shall be a

license for each current or future store of the retail chain. Such initial license shall expire

on January 31 of the year after such initial license was issued. After such initial license,

such distributor may annually renew such initial license for $1,000.00 per year, payable

to the Safety Fire Commissioner, provided that, if a store is a retail chain, one payment of

$1,000.00 shall satisfy such license fee for each store of the retail chain. Upon finding

that a distributor has met the requirements of paragraph (1) of subsection (a) of this Code

section, such annual license shall be issued by the Safety Fire Commissioner and, if

issued to a store which is a retail chain, shall be a license for each current or future store

of the retail chain. Such annual license shall expire on January 31 of each year; provided,

however, that a distributor shall not apply for an annual license earlier than 30 days prior

to the expiration of an initial license or annual license.