Definitions

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fireworks
  5. Definitions

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  1. 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; provided, however, that such term shall not include a tent, canopy, or membrane structure.
    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.

      (4.1) "Electric plant" shall have the same meaning as provided for in Code Section 46-3A-1.

    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, any entity incorporated under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," or a sponsored organization of a public or private elementary or secondary school in this state.
    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. "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:
      1. No more than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and
      2. Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section 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.

    11. "Waste-water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2.
    12. "Water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2.
  2. 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.

(Ga. L. 1955, p. 550, § 2; Ga. L. 1962, p. 11, § 1; Ga. L. 1986, p. 798, § 1; Ga. L. 2003, p. 294, § 1; Ga. L. 2005, p. 596, § 1/SB 133; Ga. L. 2007, p. 47, § 25/SB 103; Ga. L. 2015, p. 274, § 2/HB 110; Ga. L. 2016, p. 64, § 5/HB 727.)

The 2015 amendment, effective July 1, 2015, added paragraphs (a)(1) through (a)(4); redesignated former paragraph (a)(1) as present paragraph (a)(5); near the middle of present paragraph (a)(5), deleted "balloons requiring fire underneath to propel them," preceding "fireworks" and deleted "Roman candles" preceding "bombs"; added paragraphs (a)(6) and (a)(7); redesignated former paragraphs (a)(2) and (a)(3) as present paragraphs (a)(8) and (a)(9), respectively; added paragraphs (a)(11) and (a)(12); inserted "'consumer fireworks' or" in subsection (b) and paragraph (b)(1); and, in the middle of paragraph (b)(2), substituted "500 grams" for "200 grams" and inserted "smoke devices; or".

The 2016 amendment, effective April 26, 2016, added the proviso at the end of paragraph (a)(2); added paragraph (a)(4.1); added ", any entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a public or private elementary or secondary school in this state" at the end of paragraph (a)(7); deleted former paragraph (a)(10), which read: "'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."; redesignated former paragraph (a)(11) as present paragraph (a)(10), and, in paragraph (a)(10), added the proviso at the end of the introductory language and added subparagraphs (a)(10)(A) and (a)(10)(B); and added paragraphs (a)(11) and (a)(12).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2015, "party poppers, string poppers" was substituted for "party peppers, string peppers" in paragraph (b)(2).

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Explosives containing no more than 0.25 grains of explosive material.

- Party novelties and other explosive devices which are not paper caps but which contain no more than 0.25 grains of explosive material are considered "fireworks" within the meaning of O.C.G.A. § 25-10-1. 1983 Op. Att'y Gen. No. 83-78.

RESEARCH REFERENCES

10A Am. Jur. Pleading and Practice Forms, Explosions and Explosives, § 2.


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