Subject 120-3-22 MANUFACTURING, STORAGE, SALES, EXHIBITIONS AND DISPLAYS OF FIREWORKS AND PYROTECHNICS, USE OF FLAME EFFECTS BEFORE A PROXIMATE AUDIENCE
| (1) |
These Rules and Regulations for Fireworks
are promulgated by the Georgia Safety Fire Commissioner pursuant to O.C.G.A.
Sections 25-2-4 and
25-10-5. |
| (2) |
The purpose of these rules and
regulations is to provide precautionary and protective techniques that are
reasonable and practical measures for the prevention of injury to persons and
property from the retail sales, distribution, manufacturing, storage,
transportation, and use of Consumer Fireworks, Display Fireworks, and
Pyrotechnic Articles as authorized pursuant to Chapter 10 of Title 25 of the
Official Code of Georgia Annotated. |
The definitions contained herein are in addition to and in
clarification of the definitions contained in the adopted codes and
standards.
| (1) |
"Commissioner"means the
Georgia Safety Fire Commissioner. |
| (2) |
"Consumer fireworks"shall have the same
meaning as set forth in O.C.G.A. § 25-10-1(a)(1).
Consumer fireworks do not include those items listed in O.C.G.A. § 25-10-1(b). |
| (3) |
"Consumer fireworks retail sales
facility"shall have the same meaning as provided for by NFPA 1124; provided,
however, that such term shall not include a tent, canopy, or membrane
structure. |
| (4) |
"Distributor"means
any person, firm, corporation, association, or partnership which sells consumer
fireworks directly to the consumer or to other distributors. |
| (5) |
"Fireworks distributor license"means the
license issued by the Safety Fire Commissioner that a distributor must maintain
in order to legally sell consumer fireworks. |
| (6) |
"Fireworks or Pyrotechnics Exhibitions or
Displays before a Proximate Audience"means any exhibition or display of
fireworks, or any use of pyrotechnic special effects, that occurs within a
building or structure or before an audience closer to the pyrotechnic devices
than permitted by NFPA 1123, Code for Fireworks
Display. |
| (7) |
"NFPA"means
the National Fire Protection Association. |
| (8) |
"Nonprofit group"means any entity exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any
entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit
Corporation Code,' or a sponsored organization of a public or private
elementary school or secondary school in the state. |
| (9) |
"Person"means any individual, firm,
partnership, corporation, company, association, joint stock association, and
any trustee, receiver, assignee, or personal representative thereof. |
| (10) |
"Proper Identification"means a 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, including
a passport, military identification card, driver's license, or identification
card authorized under Code Sections
40-5-100 through
40-5-104. |
| (11) |
"Public exhibition or display of
fireworks"means the use of pyrotechnics, display fireworks, consumer fireworks,
or any combination of these for any purpose relating to the amusement or
entertainment of the public that does not occur within a building or structure
or before a proximate audience; provided that such term shall not include the
private, personal use of consumer fireworks by the public. |
| (12) |
"Qualified Individual"means an
individual including but not limited to a Georgia registered architect, a
Georgia registered fire protection engineer, a Georgia registered professional
engineer, a local building official, a local fire official, an individual
certified as a Georgia certified fire inspector or an individual who has a
national certification from a national codes organization acceptable to the
State Fire Marshal. |
| (13) |
"State
Fire Marshal"means the State Fire Marshal of Georgia or his or her
designee. |
| (14) |
"Store"shall have
the same meaning as provided for by NFPA 1124; provided, however, that such
term shall only include such buildings with at least 4,000 square feet of
retail display space and wherefrom:
| (a) |
No
more that 25 percent of the retail display space is used for consumer fireworks
and items or products as provided for under O.C.G.A. § 25-10-1(b);
and |
| (b) |
Other items or products
which are not consumer fireworks or items or products as provided for under
O.C.G.A. § 25-10-1(b)are
sold; and provided, further, that such term means a person, firm, corporation,
association, or partnership with more than one mercantile location, where all
such mercantile locations are collectively known to the public by the same name
or share central management. |
|
| (15) |
"Wholesale"means the sale of consumer
fireworks within the State of Georgia for resale by others. |
Plans for all proposed storage facilities of fireworks or
modifications of any existing storage facility shall be submitted to the
Commissioner as required in Chapter 10 of Title 25 of the Official Code of
Georgia Annotated.
| (1) |
At least two
sets of plans for storage facilities shall be submitted, drawn to scale and
shall be of sufficient clarity and detail to indicate the location, setting,
construction, distances and such other information as necessary to indicate
compliance with the requirements of this Chapter. |
| (2) |
The plans shall bear the seal and Georgia
registration number of the drafting architect or engineer or shall otherwise
have the approval of the Commissioner or his designee. |
| (3) |
Pursuant to O.C.G.A. Section
25-2-4.1, the plans shall be
accompanied by the mandatory plan review fee payable to the
Commissioner. |
| (4) |
One set of plans
shall be retained by the Commissioner and one copy shall be returned to the
applicant with approval or disapproval indicated thereon. A copy of the
approved plans shall be kept available at the construction site for inspection
by authorized representatives of the Commissioner. |
| (5) |
Construction shall not commence until the
plans have been approved and returned to the applicant. |
| (1) |
Manufacturing
operations shall be permitted only after a fireworks manufacturer's license has
been issued by the Commissioner in accordance with this rule. A manufacturer's
license shall not exempt the holder thereof from obtaining any other permits or
licenses that may be required by other government agencies. |
| (2) |
Application for a fireworks
manufacturer's license shall be made to the Commissioner annually on the form
provided and shall be accompanied by a license fee pursuant to O.C.G.A. Section
25-2-4.1. |
| (3) |
Plans for all proposed manufacturing
facilities or modification of any existing manufacturing facilities shall be
submitted to the Commissioner with the fireworks manufacturer's application as
provided in O.C.G.A. Section
25-10-3.
| (a) |
At least two sets of plans for fireworks
manufacturing facilities shall be submitted, drawn to scale, and shall include
a general arrangement layout, location, safety control devices or arrangements,
electrical and ventilation arrangements, construction details, emergency
control arrangements and such other details, information and specifications as
necessary to indicate safe operations. |
| (b) |
The plans shall bear the seal and Georgia
registration number of the drafting architect or engineer or shall otherwise
have the approval of the Commissioner or his designee. |
| (c) |
Pursuant to O.C.G.A. Section
25-2-4.1, the plans shall be
accompanied by the mandatory plan review fee payable to the
Commissioner. |
| (d) |
One set of plans
shall be retained by the Commissioner and one copy shall be returned to the
applicant with approval or disapproval indicated thereon. A copy of the
approved plans shall be kept available at the construction site for inspection
by authorized representatives of the Commissioner. |
| (e) |
Construction shall not commence until the
plans have been approved and returned to the applicant. |
|
| (4) |
Upon receipt of a fireworks
manufacturer's license application, the Commissioner shall direct his
authorized representative to inspect the facility. If the authorized
representative determines that all requirements for the manufacturing of
fireworks contained in this Chapter have been satisfied, he may recommend that
the license be processed. |
| (5) |
Upon
receipt of the inspection report, the Commissioner shall examine the
application and inspection report. If all requirements contained in this
Chapter have been satisfied, he shall issue a fireworks manufacturer's license
that shall be posted by the applicant in a conspicuous location on the
premises. The manufacturer's license is nontransferable and shall expire on
December 31 of each year or upon a change in the name, ownership or location of
the facility. The current license number shall be recorded on all invoices,
shipments, and similar transactions. The license authorizes 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 possession, transportation, or distribution of any such fireworks to a
distributor located outside the 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. |
| (6) |
A fireworks
manufacturer's license may be revoked for cause after notice and hearing
provided in accordance with Rule 120-3-2-.02 of the Rules of Safety Fire
Commissioner; provided, however, that the Commissioner may revoke any license
prior to notice and hearing if he determines that the situation involves an
imminent peril to the public health, safety and welfare and that the situation
therefore requires emergency action. An emergency revocation shall contain
reasons and findings for the determination, and shall be accompanied by a
notice of opportunity for a hearing, which may provide that a hearing will be
held if and only if the aggrieved person requests a hearing within ten (10)
days of receipt of the revocation and notice. |
| 1. |
Plans for all
proposed consumer fireworks retail sales facilities or major modifications of
any existing consumer fireworks retail sales facility in which the total
quantity of consumer fireworks on hand at any time will exceed 1,000 pounds
gross packaged product weight shall be submitted to, and receive the approval
of, the State Fire Marshal prior to consumer fireworks being sold or offered
for sale at retail in accordance with the following:
| (a) |
Plans shall be submitted in
duplicate. |
| (b) |
Plans shall be drawn
to scale, shall be of sufficient clarity and detail, and shall include all
information necessary to indicate compliance with the requirements of this
Chapter and NFPA 1124 entitled, Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
Articles. |
| (c) |
The plans
shall bear the seal and Georgia registration number of the drafting architect
or engineer or shall otherwise have the approval of the Commissioner or his
designee. |
| (d) |
Pursuant to O.C.G.A.
Section 25-2-4.1, the plans shall be
accompanied by the mandatory plan review fee payable to the
Commissioner. |
| (e) |
One set of plans
shall be retained by the Commissioner and one copy shall be returned to the
applicant with approval or disapproval indicated thereon. A copy of the
approved plans shall be kept available at the CFRS facility and shall be made
available to authorized representatives of the State Fire Marshal or qualified
individual at the time of inspection. |
|
The Commissioner and his authorized representatives may
conduct periodic inspections of fireworks storage installations, manufacturer's
facilities, consumer fireworks retail sales facilities, consumer fireworks
retail sales stands, consumer fireworks stores, and transportation vehicles to
ascertain whether the owners or operators are in compliance with this
Chapter.
| (1) |
All owners, managers or operators of all
vehicles, equipment, consumer fireworks retail sales facilities, consumer
fireworks retail sales stands, consumer fireworks stores, and manufacturing and
storage facilities covered under this Chapter shall, as soon as possible but in
no event later than eight hours of such incident occurring, notify the
Commissioner's Office of all fires involving such manufacturer's vehicles,
equipment or facilities and all accidents involving the same that may create a
hazard to the public from fire, explosion or related risk. In addition to the
initial notification, but in no event later than seventy-two (72) hours, all
owners, managers or operators of all vehicles, equipment, consumer fireworks
retail sales facilities, consumer fireworks retail sales stands, consumer
fireworks stores, and manufacturing and storage facilities covered under this
Chapter shall submit a written report to the Commissioner's Office of all fires
involving such vehicles, equipment, consumer fireworks retail sales facilities,
consumer fireworks retail sales stands, consumer fireworks stores,
manufacturing or storage facilities, and all accidents involving the same that
may create a hazard to the public from fire, explosion or related
risk. |
| (2) |
All holders of permits
for display or exhibitions of fireworks or pyrotechnics shall, as soon as
possible but in no event later than eight hours of such incident occurring,
notify the Commissioner's Office of all fires, explosions, or other incidents
of any type which result in personal injuries or property damage occurring at a
display or exhibition of fireworks or pyrotechnics pursuant to the
permit. |
Unless otherwise stated in this Chapter, the following
editions of the codes, standards, recommended practices, guides and methods, as
published in the National Fire Codes (NFC) by
the National Fire Protection Association (NFPA), as adopted and modified herein
shall be the State's minimum fire safety standards related to the
manufacturing, storage, transportation, and use of display fireworks and
consumer fireworks, the retail sales of consumer fireworks, fireworks or
pyrotechnics exhibitions and displays, and the use of flame effects before a
proximate audience.
| (1) |
NFPA
160, 2016 Edition, Standard for the Use of Flame Effects Before a Proximate
Audience Modifications:
| (a) |
Modifications to Chapter 5:
| 1. |
Delete subsection 5.1.1 in its entirety and substitute in its place the
following:
"5.1.1 Permit Required. A use permit issued by
the authority having jurisdiction shall be required for the use of flame
effects before a proximate audience or within any building or
structure.
|
|
|
| (2) |
NFPA 1123, 2018 Edition, Code for
Fireworks Display Modifications:
| (a) |
Modifications to Chapter 3:
| 1. |
Delete subsection 3.3.15 in its entirety and substitute in its place the
following:
"3.3.15 Fireworks. 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, torpedoes, 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. The term 'fireworks' shall not include:
| (a) |
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, |
| (b) |
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 peppers, string
peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81
explosive mixture." |
|
| 2. |
Delete subsection 3.3.15.1 in its entirety and substitute in its place the
following:
"3.3.15.1 Consumer Fireworks. 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. The term 'consumer fireworks' shall not
include:
| (a) |
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, |
| (b) |
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 peppers, string
peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81
explosive mixture." |
|
| 3. |
Delete subsection 3.3.15.2 in its entirety and substitute in its place the
following:
"3.3.15.2 Display Fireworks. Any large fireworks
devices that are explosive materials intended for use in fireworks displays and
designed to produce visible or audible effects by combustion, deflagration, or
detonation, as set forth in Part 555 of Title 27 of the Code of Federal
Regulations, Part 172 of Title 49 of the Code of Federal Regulations, and
American Pyrotechnics Association Standard 87-1. Display fireworks are
described as Fireworks, UN0335 and are classified as Explosives, 1.3G by the
U.S. Department of Transportation.
|
|
| (b) |
Modifications to Chapter 8:
| 1. |
Add a new paragraph 8.1.3.6 to read as
follows:
"8.1.3.6 The operator shall be present and shall
personally supervise all phases of the public exhibition or display of
fireworks."
|
| 2. |
Add a new
subsection 8.1.9.3 to read as follows:
"8.1.9.3 The pyrotechnics operator shall be
present and shall personally supervise all phases of the public exhibition or
display of fireworks."
|
|
| (c) |
Modifications to Chapter 10:
| 1. |
Delete subsection 10.1.1 in its entirety
and substitute in its place the following:
"10.1.1 The operator shall be at least 21 years
old. Prior to performing the public exhibition or display of fireworks, the
operator or the operator's employer shall obtain a permit issued by the judge
of the probate court of the county in which the public exhibition or display of
fireworks is to be held in accordance with all applicable state
laws."
|
| 2. |
Delete subsection
10.1.2 in its entirety and substitute in its place the following:
"10.1.2 An operator shall provide evidence of
actual experience as an operator or assistant to the authority having
jurisdiction. This evidence shall include the following:
| (a) |
" At least five different affidavits
signed by the local fire official or officials responsible for the area or
areas that the operator has actively participated in all phases of a public
exhibition or display of fireworks in which there were no personal injuries or
property damage. |
| (b) |
" A statement
providing full details of any such public exhibitions or displays of fireworks
in which said operator has participated which resulted in personal injuries or
property damage, or an affidavit by the operator certifying that said operator
has never participated in any such public exhibition or display of fireworks
which resulted in personal injuries or property damage." |
|
| 3. |
Delete subsection 10.1.3 in its entirety
and substitute in its place the following:
"10.1.3 An operator shall provide evidence to
the authority having jurisdiction that he/she possess at least one of the
following:
| (a) |
" Certificate(s) of
training totaling 20 hours related to fireworks from national organization(s)
that promote safety in fireworks displays, or |
| (b) |
" Licensure for fireworks displays by
another state which administers a competency test accepted by the Commissioner,
or |
| (c) |
" Other training, testing
and/or experience acceptable to the Commissioner." |
|
| 4. |
Add a new subsection 10.1.4 to read as
follows:
"10.1.4 The individual pyrotechnic operator who
will actually conduct the public exhibition or display of fireworks must
provide to the authority having jurisdiction proof of employment by said
person, firm, corporation, association or partnership desiring to conduct a
public exhibition or display of fireworks."
|
| 5. |
Delete section 10.2 in its entirety and
substitute in its place the following:
"10.2 All assistants shall be at least 18 years
old. Each operator shall complete a form on each assistant for each permit
being applied for that provides the assistant's age, date of birth, and states
the operator's satisfaction as to the qualifications of that
assistant."
|
| 6. |
Delete
subsection 10.3.1 in its entirety and substitute in its place the following:
"10.3.1 Prior to performing the public
exhibition or display of fireworks, the person, firm, corporation, association
or partnership desiring to conduct a public exhibition or display of fireworks
shall obtain and provide a copy of a display permit to conduct a firework(s)
display issued by the judge of the probate court of the county in which the
public exhibition or display of fireworks is to be held, pursuant to O.C.G.A.
Section 25-10-4(a) to the
authority having jurisdiction."
|
| 7. |
Delete subsection 10.3.2 in its entirety
and substitute in its place the following:
"10.3.2 Proof of a bond in the principal sum of
$10,000.00, payable to the county in which the public exhibition or display of
fireworks is being held and conditioned for the payment of damages which may be
caused either to persons or to property by reason of the public exhibition or
display of fireworks must be provided or, alternatively, evidence be provided
that the applicant carries proper liability insurance for bodily injury in the
amount of not less than $25,000.00 for each person and $50,000.00 for each
accident and for property damage in the amount of not less than $25,000.00 for
each accident and $50,000.00 aggregate, purchased from an insurer authorized to
do business in Georgia, or an insurer regulated pursuant to O.C.G.A. Title 33,
Chapter 5, if insurance cannot be obtained from an insurer authorized to do
business in Georgia."
|
| 8. |
Delete subsection 10.3.4 in its entirety with no substitution. |
| 9. |
Add a new section 10.4 to read as follows:
"10.4 Prior to performing the public exhibition
or display of fireworks, the person, firm, corporation, association or
partnership desiring to conduct a public exhibition or display of fireworks
shall provide to the authority having jurisdiction the name and qualifications
of every operator and assistant who will participate in the public exhibition
or display of fireworks."
|
| 10. |
Add a new subsection 10.4.1 to read as follows:
"10.4.1 Prior to performing the public
exhibition or display of fireworks, the person, firm, corporation, association
or partnership desiring to conduct a public exhibition or display of fireworks
shall provide to the authority having jurisdiction a statement signed by the
individual pyrotechnic operator who will actually conduct the public exhibition
or display of fireworks certifying the operator's satisfaction with the
qualifications of each such assistant."
|
|
|
| (3) |
NFPA 1124, 2006 Edition, Code for
the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles Modifications:
| (a) |
Modifications to Chapter 7:
| 1. |
Add a new subsection 7.3.25 to read as follows:
"7.3.25 Required Signs"
|
| 2. |
Add a new paragraph 7.3.25.1 to read as
follows:
"7.3.25.1 Every licensed distributor selling
consumer fireworks shall have within the retail display area for consumer
fireworks at least one sign which reads as follows:
PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR
IGNITING CONSUMER FIREWORKS
PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR
AFFIXED CAUTION AND WARNING LABELS
PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT
UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND
OTHER
PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC"
|
| 3. |
Add a new subparagraph 7.3.25.1.1 to read
as follows:
"7.3.25.1.1 Such signs shall be at least 22
inches by 28 inches in size, be printed in at least 40 point boldface type in a
color contrasting from such sign's background color, and kept free from
obstruction and in plain sight of customers."
|
| 4. |
Add a new paragraph 7.3.25.2 to read as
follows:
"7.3.25.2 Signs shall be posted throughout the
retail display area and shall read:
Pursuant to O.C.G.A.
25-10-2, it is unlawful to:
Sell consumer fireworks to any person under 18 years of age.
Persons purchasing consumer fireworks must provide the seller proper
identification at the time of purchase
Use consumer fireworks indoors or within the right of way of
a public road, street, highway, or railroad of this state.
Use or ignite, possess, and transport consumer fireworks by
any person under 18 years of age."
|
| 5. |
Add a new paragraph 7.3.25.3 to read as
follows:
"7.3.25.3 Consumer fireworks retail sales
facilities, stores, and stands which sell or offer for sale any balloon, bag,
parachute, or other similar device which requires fire underneath for
propulsion or any floating water lantern or wish lantern which uses a flame to
create a lighting effect shall have signs posted throughout the retail display
area and customer check out areas which shall read as follows:
Pursuant to O.C.G.A.
25-10-10, it is unlawful to
release or cause to be released any balloon, bag, parachute, or other similar
device which requires fire underneath for propulsion or to release or cause to
be released any floating water lantern or wish lantern which uses a flame to
create a lighting effect in any public waterway, lake, pond, stream, or
river.
|
|
|
| (4) |
NFPA 1126, 2016 Edition, Standard
for the Use of Pyrotechnics before a Proximate Audience Modifications:
| (a) |
Modifications to Chapter 3:
| 1. |
Delete subsection 3.3.39 in its entirety and substitute in its place the
following:
"3.3.43 Proximate Audience. An audience closer
to pyrotechnic devices than permitted by NFPA 1123, Code for Fireworks
Display or an audience within a building or structure where
pyrotechnic devices are used.
|
|
| (b) |
Modifications to Chapter 6:
| 1. |
Add a new subsection 6.1.5 to read as
follows:
"6.1.5 Prior to performing the fireworks or
pyrotechnics exhibition or display before a proximate audience, the person,
firm, corporation, association or partnership desiring to conduct a public
exhibition or display of fireworks shall obtain and provide a copy of a display
permit to conduct a proximate audience firework(s) display issued by the judge
of the probate court of the county in which the public exhibition or display is
to be held, pursuant to O.C.G.A. Section
25-10-4(b) to the
authority having jurisdiction."
|
| 2. |
Add a new subsection 6.1.6 to read as
follows:
"6.1.6 Proof of a bond in the principal sum of
$10,000.00, payable to the county in which the display is being held and
conditioned for the payment of damages which may be caused either to persons or
to property by reason of the display must be provided or, alternatively,
evidence be provided that the applicant carries proper liability insurance for
bodily injury in the amount of not less than $25,000.00 for each person and
$50,000.00 for each accident and for property damage in the amount of not less
than $25,000.00 for each accident and $50,000.00 aggregate, purchased from an
insurer authorized to do business in Georgia, or an insurer regulated pursuant
to O.C.G.A. Title 33, Chapter 5, if insurance cannot be obtained from an
insurer authorized to do business in Georgia."
|
| 3. |
Add a new subsection 6.1.7 to read as
follows:
"6.1.7 The person, firm, corporation,
association or partnership desiring to conduct a fireworks or pyrotechnics
exhibition or display before a proximate audience must provide a copy of the
license or amended license issued by the Commissioner to the authority having
jurisdiction that indicates that the individual pyrotechnic operator(s) who
will actually conduct the proximate audience display or exhibition is licensed
under the person, firm, corporation, association or
partnership."
|
| 4. |
Delete
subsection 6.5.1 in its entirety and substitute in its place the following:
"6.5.1 All pyrotechnic operators shall be at
least 21 years old. Prior to performing the fireworks or pyrotechnics
exhibition or display before a proximate audience, the operator or the
operator's employer shall obtain a permit issued by the judge of the probate
court of the county in which the public exhibition or display is to be held in
accordance with all applicable state laws. In addition, each operator shall
provide evidence of actual experience as an operator or assistant to the
authority having jurisdiction. This evidence shall include the
following:
| (a) |
" At least five different
affidavits signed by the local fire official or officials responsible for the
area or areas that the pyrotechnic operator has actively participated in all
phases of a fireworks or pyrotechnics exhibition or display before proximate
audiences in which there were no personal injuries or property
damage. |
| (b) |
" A statement providing
full details of any fireworks or pyrotechnics exhibitions or displays before
proximate audiences in which said pyrotechnic operator has participated which
resulted in personal injuries or property damage, or an affidavit by the
pyrotechnic operator certifying that said operator has never participated in
any such displays or exhibitions which resulted in personal injuries or
property damage." |
|
| 5. |
Delete paragraph 6.5.1.1 in its entirety and substitute in its place the
following:
"6.5.1.1 Each operator shall provide evidence to
the authority having jurisdiction that he/she possess at least one of the
following:
| (a) |
" Certificate(s) of
training totaling 20 hours related to fireworks from national organization(s)
that promote safety in fireworks displays, or |
| (b) |
" Licensure for fireworks displays by
another state which administers a competency test accepted by the Commissioner,
or |
| (c) |
" Other training, testing
and/or experience acceptable to the Commissioner." |
|
| 6. |
Delete paragraph 6.5.1.2 in its
entirety. |
| 7. |
Delete subsection
6.5.2 in its entirety and substitute in its place the following:
"6.5.2 All assistants shall be at least 18 years
old. In addition, a form shall be completed on each assistant for each permit
being applied for that provides the assistant's full name, age, date of birth,
address, previous experience, and certifies in writing the operator's
satisfaction as to the qualifications of that assistant."
|
| 8. |
Add a new subsection 6.5.3 to read as
follows:
"6.5.3 Prior to performing the fireworks or
pyrotechnics exhibition or display before a proximate audience, the person,
firm, corporation, association or partnership desiring to conduct a public
exhibition or display of fireworks shall provide to the authority having
jurisdiction the name and qualifications of every operator and assistant who
will participate in the display or exhibition."
|
| 9. |
Add a new subsection 6.5.4 to read as
follows:
"6.5.4 Prior to performing the fireworks or
pyrotechnics exhibition or display before a proximate audience, the person,
firm, corporation, association or partnership desiring to conduct a public
exhibition or display of fireworks shall provide to the authority having
jurisdiction a statement signed by the individual pyrotechnic operator who will
actually conduct the display or exhibition certifying the operator's
satisfaction with the qualifications of each such
assistant."
|
|
| (c) |
Modifications to Chapter 8:
| 1. |
Add a new subsection 8.6.7 to read as follows:
"8.6.7 The pyrotechnics operator shall be
present and shall personally supervise all phases of the proximate audience
display or exhibition."
|
|
|
| (4) |
International Fire
Code (IFC)
Modifications:
| (a) |
Refer to Chapter 120-3-3, Rules and Regulations of the Safety Fire
Commissioner, for adopted edition and any modifications. |
|
| (1) |
The applicant for a license must satisfy
the Commissioner that all of the following requirements are met before the
Commissioner issues a license for fireworks or pyrotechnic exhibitions or
displays before a proximate audience:
| (a) |
The
applicant shall submit a completed application on a form prescribed by the
Commissioner. |
| (b) |
The applicant
shall submit to the Commissioner proof of a valid comprehensive liability
insurance policy purchased from an insurer authorized to do business in
Georgia, or an insurer regulated pursuant to O.C.G.A. Title 33, Chapter 5, if
insurance cannot be obtained from an insurer authorized to do business in
Georgia. The coverage must include bodily injury and property damage, products
liability, completed operations, and contractual liability. The proof of
insurance must also be provided before any license can be renewed. The minimum
amount of said coverage shall be $1 million or such other amount as specified
by the Commissioner. An insurer which provided such coverage shall notify the
Commissioner of any change in coverage in writing which falls below the minimal
insurance requirements of this regulation. |
| (c) |
The applicant shall submit to the
Commissioner a list naming each pyrotechnic operator that shall use
pyrotechnics or pyrotechnic special effects before a proximate audience or
within a building or structure pursuant to the license. Each pyrotechnic
operator listed on the application for a license shall give his or her full
name, age, date of birth, address, and written permission for a criminal
background investigation. The applicant must submit evidence that each such
pyrotechnic operator is qualified in accordance with NFPA 1126,
Standard for the Use of Pyrotechnics before a Proximate
Audience as adopted and modified herein. |
| (d) |
Any natural person applying for a
license, and each pyrotechnic operator listed on the application for a license,
must give their permission for a criminal background investigation. |
| (e) |
The applicant shall pay the required
licensing fee as prescribed in Code Section
25-10-5. |
| (f) |
The applicant shall comply with all other
applicable portions of these regulations and standards adopted
hereunder. |
| (g) |
The applicant shall
provide any other information deemed necessary by the Commissioner. |
|
| (2) |
The licensee must apply for,
and receive, an amended license issued by the Commissioner for any additional
pyrotechnic operator employed by a person, firm, corporation, association, or
partnership and who is not listed on the original license application. The
applicant for an amended license must comply with the requirements of
subsections (c) and (d), above, as to the additional pyrotechnic
operator. |
| (3) |
The licensee must
notify the Commissioner in writing within 10 days of the date the licensee
withdraws sponsorship of a pyrotechnic operator who is listed on the license
application. The reason for the licensee's withdraw of sponsorship must be
stated. |
| (1) |
An applicant
for a fireworks distributor license must submit a completed application before
a license will be issued. |
| (2) |
An
application for initial license or annual license renewal must be received by
the State Fire Marshal's office and contain the following items before the
license application will be considered complete:
| (a) |
The appropriate application on a form
prescribed by the Commissioner; |
| (b) |
Proper identification showing that said applicant is at least 18 years of
age; |
| (c) |
Proof of a valid public
liability and product liability insurance policy which provides coverage limits
of at least $2 million to cover losses, damages, or injuries which might result
from the selling of consumer fireworks and which is provided by an insurer
authorized to do business in Georgia or procured through a surplus line broker
licensed to pursuant to Title 33; |
| (d) |
The appropriate license fee as required
by Code Sections
25-10-5.1(b)(1)
or 25-10-5.1(d)(1),
whichever is applicable, payable to the Safety Fire Commissioner; and |
| (e) |
Documentation, in the form of an
inspection report on a form approved by the State Fire Marshal, that an
inspection has been conducted by a qualified individual indicating the consumer
fireworks retail sales facility or consumer fireworks retail sales store for
which an application for license has been received meets the minimum fire
safety and construction requirements of the 2006 edition of the National Fire
Protection Association (NFPA) 1124 entitled, Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
Articles and as modified herein this chapter. An application for
initial license or annual license renewal for distributors selling consumer
fireworks from a store shall identify each store location to which an initial
or annual license is applicable; and |
| (f) |
Signed and notarized Citizenship
Affidavit Form (GID-276-EN); and |
| (g) |
A copy of the front and back of a secure
and verifiable form of identification (list of acceptable forms can be found on
the Commissioner's website) |
|
| (3) |
The initial license fee for a fireworks
distributor license for a consumer fireworks retail sales facility or wholesale
distribution facility shall be $5,000.00, payable to the Safety Fire
Commissioner. Such initial license shall expire on January 31 of the year after
such initial license was issued or as provided for in O.C.G.A. Section
25-10-5.1(b)(2). |
| (4) |
The annual renewal license fee for a
fireworks distributor license for a consumer fireworks retail sales facility or
wholesale distribution facility shall be $1,000.00, payable to the Safety Fire
Commissioner. Such annual license shall expire on January 31 of the year after
such annual license was issued or as provided for in O.C.G.A. Section
25-10-5.1(b)(2). |
| (5) |
The initial license fee for a fireworks
distributor license for a store shall be $1,500.00 in addition to $250.00 per
store location, payable to the Safety Fire Commissioner. Additional store
locations may be added to the initial license prior to the expiration of such
license upon payment of $250.00 per added store location. The initial license
shall expire on January 31 of the year after the initial license was issued or
as provided for in O.C.G.A. Section
25-10-5.1(d)(1). |
| (6) |
The annual renewal license fee for a
fireworks distributor license for a store shall be $1,000.00 in addition to
$100.00 per store location, payable to the Safety Fire Commissioner. Additional
store locations may be added to the annual license prior to the expiration of
such license upon payment of $250.00 per added store location. The annual
license shall expire on January 31 of the year after the annual license was
issued or as provided for in O.C.G.A. Section
25-10-5.1(d)(2). |
| (7) |
A distributor shall submit a completed
application for annual renewal of license by December 1 in the year preceding
the expiration date of such initial or annual license. When an initial license
is issued to a distributor on or after December 1, then such distributor shall
apply for an annual license by the first business day of the next
year. |
| (8) |
A fireworks distributor
license shall be nontransferable. |
| (9) |
A fireworks distributor license shall be
void upon a change in the ownership or upon a change of location of the
consumer fireworks retail sales facility or store location. |
| (1) |
Except as provided for herein, the sale
of consumer fireworks at retail or wholesale locations shall be permitted only
after the seller has obtained a fireworks distributor license. |
| (2) |
The fireworks distributor license shall
be posted at a prominent location within each location which sells consumer
fireworks |
| (3) |
The wholesale sale of
consumer fireworks shall be conducted from a distribution facility as defined
in NFPA 1124, 2006 edition entitled, Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, and shall not
be conducted from a consumer fireworks retail sales facility, store, or
temporary stand. |
| (4) |
A consumer
fireworks retail sales facility or store shall meet the minimum fire safety and
construction requirements of the 2006 edition of the National Fire Protection
Association (NFPA) 1124 entitled, Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
Articles and as modified herein this chapter. In accordance with the
International Building Code (IBC), consumer fireworks retail
sales facilities and stores having a maximum quantity of consumer fireworks on
hand exceeding 500 pounds gross packaged product weight shall have installed an
NFPA 13 compliant automatic sprinkler system designed as an Ordinary Hazard
Group 2 hazard facility. Where consumer fireworks retail sales facilities and
stores have both a maximum quantity of consumer fireworks on hand exceeding 500
pounds gross packaged product weight and a ceiling height exceeding 16 feet,
the required NFPA 13 compliant automatic sprinkler system shall be designed as
an Extra Hazard Group 1 hazard facility. |
| (5) |
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. |
| (6) |
Any person
selling any consumer fireworks at the consumer fireworks retail sales facility
or store shall be at least 18 years of age; provided however, it shall be
lawful for any person who is 16 or 17 years of age to sell or to offer for sale
at retail any consumer fireworks, provided that such person is serving as an
assistant to a distributor selling consumer fireworks from a temporary consumer
fireworks retail sales stand or the nonprofit group directly participating in
the operation of a temporary consumer fireworks retail sales stand. |
| (7) |
The holder of a wholesale consumer
fireworks distributor license shall provide to the Commissioner the names and
addresses of all fireworks retailers located in the State of Georgia to which
that license holder sells consumer fireworks. |
Any individual purchasing fireworks from a consumer fireworks
retail sales facility, consumer fireworks retail sales store or a temporary
consumer fireworks retail sales stand shall:
| (1) |
Make all purchases in-person and through
a face-to face sale; |
| (2) |
Be a
minimum of 18 years of age; and |
| (3) |
Provide proper identification to the seller at the time of such purchase. Such
identification shall contain at a minimum the following:
| (a) |
A description of the person or such
person's photograph, or both; and |
| (b) |
The individuals' date of birth. |
|
Consumer fireworks may be used, ignited, or caused to be
ignited on any day between the hours of 10:00 A.M. and 11:59 P.M. unless during
such times the noise from such use or ignition is not in compliance with a
noise ordinance of a county or municipal corporation.
Exception 1: Consumer fireworks may be used, ignited,
or caused to be ignited on January 1, the last Saturday and Sunday in May, July
3, July 4, the first Monday in September, and December 31 of each year after
the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and on
January 1 of each year beginning at the time of 12:00 Midnight and up to and
including the ending time of 1:00 A.M.
Exception 2: After having obtained a special use
permit as provided for in O.C.G.A. § 25-10-2(a)(3)(D).
| (1) |
It shall be unlawful to use fireworks,
consumer fireworks, or any items defined in paragraph (2) of subsection (b) of
Code Section
25-10-1indoors or within the right
of way of a public road, street, highway, or railroad of this state. |
| (2) |
It shall be unlawful for any person,
firm, corporation, association, or partnership to sell or offer for sale
consumer fireworks at a consumer fireworks retail sales facility, consumer
fireworks retail sales store or a temporary consumer fireworks retail sales
stand or wholesale distribution facility without maintaining the appropriate
license. |
| (3) |
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. |
| (4) |
It shall be
unlawful to sell consumer fireworks from any motor vehicle or from a trailer
towed by a motor vehicle, or from a tent, canopy, or membrane
structure. |
| (5) |
It shall be unlawful
for any person under 18 years of age to use or ignite or cause to be ignited or
to possess, manufacture, transport, or store consumer fireworks, except that 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 selling consumer fireworks from a temporary consumer
fireworks retail sales stand or the nonprofit group directly participating in
the operation of a temporary consumer fireworks retail sales stand 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. |
| (6) |
It shall be unlawful to release or cause
to be released any balloon, bag, parachute, or other similar device which
requires fire underneath for propulsion or to release or cause to be released
any floating water lantern or wish lantern which uses a flame to create a
lighting effect in any public waterway, lake, pond, stream, or river. |
| (1) |
All persons shall, manufacture,
transport, and store fireworks in conformity with this Chapter. After notice
and hearing provided in accordance with Rule 120-3-2-.02 of the Rules of Safety
Fire Commissioner, any person who is found to have violated any of the rules
contained in this Chapter shall be subject to such penalties as authorized by
law and regulation. |
| (2) |
Any person
who knowingly and willfully makes a false, fictitious, or fraudulent statement
of representation in an application executed pursuant to Code section
25-10-5.1shall be guilty of a
violation of Code Section
16-10-20. |
| (3) |
Any and all consumer fireworks
distributors licenses may be suspended, revoked, refused, or be subject to
nonrenewal if the Commissioner finds that a licensee or applicant has:
| (a) |
Violated any provision of this Chapter
and O.C.G.A.
25-10; or failed to comply with a
cease and desist order issued by the Commissioner or his or her authorized
representative |
| (b) |
Failed to
maintain the minimum insurance coverage as set forth in O.C.G.A.
25-10-5.1(a)(B); |
| (c) |
Made a material misstatement or
misrepresentation or committed a fraud in obtaining or attempting to obtain a
license; or |
| (d) |
Failed to notify
the Safety Fire Commissioner, in writing, within 30 days after a change of
residence, principal business address, or name. |
|
Upon receipt of a sworn affidavit from the owner stating all
relevant facts and circumstances and such other information as may be required,
the State Fire Marshal may recommend to the Commissioner that specific
requirements of this Chapter and the NFPA codes, standards and recommended
practices adopted herein, be modified to allow alternative arrangements which
will secure as nearly equivalent measures as practical for the prevention of
injury to persons and property. The Commissioner in his discretion may accept
the State Fire Marshal's recommendation and grant the requested
modification.
| (1) |
Unless
otherwise indicated, and to the extent provided, each filing required under
this Regulation Chapter is to be made on forms or electronic format approved by
the Commissioner. |
| (2) |
Forms may be
reproduced to accommodate manual or automated processing. |
| (3) |
Any form filed electronically requiring a
signature shall contain the electronic signature of the person filing the form,
as defined in O.C.G.A. Section
10-12-3. |
| (1) |
The National
Fire Protection Association (NFPA) codes, standards and recommended practices
adopted in this Chapter are on file in the office of the State Fire Marshal and
are available for viewing. |
| (2) |
Copies of the National Fire Protection Association codes and standards may be
obtained from:
National Fire Protection Association
1 Batterymarch Park
Quincy, Massachusetts 02269-9101
Main 617-770-3000
Phone: 800-344-3555
http://www.nfpa.org/catalog/
Main 617-770-3000
Phone: 800-344-3555
http://www.nfpa.org/catalog/
|
| (3) |
Copies of the International
Code Council codes are on file in the Office of the State Fire Marshal and are
available for viewing. Copies may be obtained from:
International Code Council
1-888 -ICC-SAFE (422-7233) or
http://www.iccsafe.org/
|
If any rule or portion thereof contained in this Chapter is
held invalid by a court of competent jurisdiction, the remainder of the rules
herein and the applicability of such provisions to other circumstances shall
not be affected thereby.
If you are an individual with a disability and wish to
acquire this publication in an alternative format, please contact the ADA
Coordinator, Safety Fire Division, Office of Commissioner of Insurance, No. 2
Martin Luther King Jr. Drive, Atlanta, Georgia 30334, 404 656-2056, TDD 404
656-4031.
