Requirement of Permit for Conduct of Fireworks Display; Application; Imposition of Conditions as to Granting of Permit; Duration and Transfer of Permit; Disposition of Excess Fireworks; Fees

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fireworks
  5. Requirement of Permit for Conduct of Fireworks Display; Application; Imposition of Conditions as to Granting of Permit; Duration and Transfer of Permit; Disposition of Excess Fireworks; Fees

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  1. Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks not before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
    1. That the display be conducted by a competent operator approved by the judge;
    2. That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property;
    3. That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and
    4. That the application be accompanied by 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 or, alternatively, that the application be accompanied by evidence 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, with an insurance company duly licensed by the Commissioner of Insurance.
  2. Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Such application must contain the license number issued by the Safety Fire Commissioner for the person, firm, corporation, association, or partnership that will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the public exhibition or display. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
    1. That the display be conducted by a competent operator approved by the judge;
    2. That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property;
    3. That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and
    4. That the application be accompanied by 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 that may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries property 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, with an insurance company duly licensed by the Commissioner of Insurance.
  3. No permit, as provided for in subsections (a) and (b) of this Code section, shall be granted unless the applicant has met all the requirements of and is in full compliance with the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter.
  4. The permit provided for in subsection (a) or (b) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure.
  5. The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the applicant. The judge of the probate court shall provide the Safety Fire Commissioner a copy of each permit granted prior to the proposed date of the public exhibition or display.

(Ga. L. 1955, p. 550, §§ 3, 4; Ga. L. 1962, p. 11, § 3; Ga. L. 1994, p. 317, § 1; Ga. L. 1996, p. 945, § 4; Ga. L. 2003, p. 294, § 3.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "Commissioner of Insurance" was substituted for "Insurance Commissioner" at the end of paragraph (a)(3) [now paragraph (a)(4)].

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

JUDICIAL DECISIONS

Restricting manufacturing, selling, and use of fireworks not unconstitutional.

- Ga. L. 1955, p. 550 (see now O.C.G.A. § 25-10-4) restricting the manufacture, sale, and use of fireworks, does not violate the commerce clause of the federal Constitution, nor is it unconstitutional for the reason that Congress has preempted the regulation of fireworks by federal legislation. Dixie Fireworks Co. v. McArthur, 218 Ga. 735, 130 S.E.2d 731 (1963).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Explosions and Explosives, §§ 1 et seq., 101 et seq. 51 Am. Jur. 2d, Licenses and Permits, §§ 37, 50 et seq.

C.J.S.

- 35 C.J.S., Explosives, §§ 1-3. 53 C.J.S., Licenses, § 62 et seq.

ALR.

- Bond conditioned for payment of damages for injury to person or damage to property, given as condition of permission by public for fireworks display or other exhibition or entertainment, as covering non-negligent injury or damage, 138 A.L.R. 936.


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