All Fireworks now Legal in Georgia!

[PyroFury]

Governor Nathan Deal has just signed a bill legalizing all firework sales in the state of Georgia. We only used to be able to buy those small sparkler and fountain kits from Walmart. Now, we're in the game! I'm so glad that after years of fighting for this to happen that someone finally listened and it paid off.

These following points that he based his decision off of are the same points that I've been trying to get across to both him and Sonny Perdue for all of these years.

1) Fireworks have been subject to fear-mongering over the years. If you exercise proper respect for fire and fireworks, your personal responsibility will keep you safe the vast majority of the time. Being prepared and being knowledgeable are the keys to a safe and sane celebration.

2) The sale of fireworks within the state would provide jobs. Lots of jobs. Georgia is a big state.

3) The tax dollars that you could be earning are travelling out of state. Every single state bordering Georgia (except North Carolina) allows the sales of all 1.4g fireworks. Thousands of people every year travel out of state to buy them. Imagine how many more would buy fireworks if they didn't have to travel out of state to do it! Now imagine if it was legal for all!

4) Georgia has a much wetter climate than some of our neighbors who have legalized fireworks. We also have less forestation in many areas than some of our neighbors. The risk for catastrophic, widespread fires isn't any higher than any of our neighbors just because this is Georgia.

5) Offering educational seminars on firework safety is something that almost all of our fire departments do every year. If more people knew about these seminars, we will more than likely get more attendance, which means that many more safe users every year.

I'm wanting to open a tent or stall this year. We'll see how it goes. I don't have an LLC or a business license yet...

[displayfireworks1]

Do you have a Georgia state link to post or similar link. I would like to read it . I have seen these things pass and they usually start the beginning of the following year. If you are looking to open a tent to sell fireworks many of my advertisers help set people up to do this. I am sure one of them may privately send you an email about how it works. So log in frequently to check your private messages.
http://www.myonlinemaps.com/images/georgia-map.gif
For our friends outside of USA to see the location of the state of Georgia.

[PyroFury]

http://onlineathens.com/local-news/2015-05-05/gov-deal-signs-bill-making-fireworks-sales-legal-georgia

Funny enough, I share a last name with one of the representatives responsible for getting this bill resurrected and passed. :cool:

Here's the Annotated version of the bill:
http://www.legis.ga.gov/Legislation/en-US/display/20152016/HB/15

They are titling it the "American Heritage Celebration Act"

Yeah, I haven't been on much as of late. I'm working on joining the Navy, so I've been a little busy. I wonder if I should be an explosives armament tech for the Air Force. That 1.1 license though...

[PyroFury]

What do you think? The only date that I've been able to find is July 1st, 2015. Other than that, it just looks like they've made changes to the old law so it would be effective sooner rather than later.

[georgiapyro]

A great few weeks for us Georgians! Most all new Georgia laws go into effect July 1st of the year it passed. The same applies to the new fireworks legislation. The turnaround may be difficult for many people to get any tents with the newest product. Not sure how that will work. I think many, including myself, my have to buy elsewhere for the 4th. WFboom may still have my business until we can get a good wholesaler here in the Peach State.

[displayfireworks1]

I am going to have to find time to review some of the details. The one think I do not like in some of these state fireworks legislation is they sometimes have a provision that the local governments can exempt themselves from the state law to allow fireworks usage. If I remember correctly the state of Michigan consumer fireworks law did not allow local governments to exempt themselves.

[Playingwithfire85]

Michigan did not allow local governments to exempt themselves but they are allowed to create ordinances for time and locations. A city near me exempted themselves by making ordinances such as these (copied from their city website):

Discharging fireworks prohibited within 30 ft. of any house, structure, building, vehicle or landscaping
Discharge of fireworks prohibited in any public park, school property, city streets and sidewalks and easements, including the ITC corridor.

Based on just those two details it basically makes it illegal ANYWHERE within the city limits.

[Wholesale Fireworks]

We hope we can keep your business for a long time. We understand you have to do what you can to save money but I know our prices speak for themselves. Also keep in mind with our product line you definatelty have something different from everyone else down there. Thank you again for your business.

[georgiapyro]

After reading the bill several times, Section 8 at the end of the legislation speaks to that point. It is quite clear that no municipality or county government can enact additional ordinances that further regulate fireworks. Although there are certain stipulations on how many temporary tents and permanent businesses are allowed to be in each county, there are no further regulations outside of the bill. That's great news.

Ray, I wanted to let you know that I have been quite satisfied with my few purchases with Wholesale. I was just meaning that it will be good to have some more variety here in GA since we have always had to mail-order cases. WFboom has been the only wholesaler I've dealt with. My business with you guys has been top notch. I'm hoping to make a couple of purchases this year!

[displayfireworks1]

This may explain some of the state of Georgia new law.
.

https://www.youtube.com/watch?v=VJuDIpMuWus

[Dion]

NICE!!! Wish that would happen here in CT!

[displayfireworks1]

https://www.youtube.com/watch?v=y1bvirMWjhM

[pbjacker]

Preface:
You guys don't know me from Jack, sorry about that. I've been lurking while conducting research before diving into hobby firework making. Before I continue, let me clearly state that I am not a lawyer. I am however a federal employee of the Department of Defense, and a regulatory compliance manager. The interpretations expressed below are my own, and although I have extensively vetted them with a law school graduate (to be licensed next month), nothing below should be construed as legal advice. I am not a lawyer.

As a politically conscious natural born U.S. citizen 28 years of age I am accustomed to new legislation choking personal liberties. I am proud to say that Georgia has hit a homerun this year. In my opinion, the passing of HB 110 (not HB 15 as previously mentioned in this thread) by the Georgia General Assembly and enactment by Governor Nathan Deal is a major success for FREEDOM.

Summary:
Georgia law now allows the possession, manufacture, storage, and transportation of any fireworks not prohibited by Congress or federal agencies, by any citizen or lawfully-present visitor. Furthermore, no license or permit is required (and therefore no licensing fee!) so long as the individual does not conduct related business or public displays/exhibits within the state! To my dismay however, it would seem the law prohibits the USE of homemade fireworks, despite the legality of possession, manufacture, storage, and transport.

Now let me provide the references to back such bold statements... All sections refer to the Official Code of Georgia Annotated (O.C.G.A. which has the effect of law in this state), available online by clicking "Georgia Code" in the left column at http://www.legis.ga.gov, unless otherwise noted. The majority of changes are found in Chapter 10 (Regulation of Fireworks) of Title 25 (Fire Protection and Safety). Added emphasis in italics, personal notes in brackets:

Definitions:
§25-10-1.(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.
(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.

Prohibited fireworks activies:
§25-10-2.(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.


§25-10-2.(b)(3)(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 [I]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.
[This subparagraph is worded strangely considering the section is titled prohibited activities, but I guess it serves to prohibit use outside the established hours. Unfortunately this wording excludes non-consumer fireworks as defined in §25-10-1.(a)(5). The referenced subparagraph (D) allows for use of consumer fireworks outside the established times by special use permit. The referenced paragraph (4) prohibits activity by persons under the age of 18, unless employed by a distributor or nonprofit which allows 16 and 17 year olds with restriction on interstate highways... and again specifies consumer fireworks.]

Permitted sales and uses of fireworks:
§25-10-3 Nothing in this chapter shall be construed to prohibit the following:
(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.
[Hallelujah! Here's the jackpot, without restriction to "consumer" fireworks we are free to manufacture, possess, transport, store, and... wait... what about "use, explode, or cause to be exploded"?!]

License required for pyrotechnics exhibits; requirements; penalty for violations:
§25-10-3.2.(a) No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, or detonation of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner.
[Private displays are not required by any section of the chapter to be licensed.]

Requirement of permit for conduct of fireworks display;...fees:
§25-10-4.(a) 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...
§25-10-4.(b) 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...
[Private displays are not subject to permit either.]

License and fee for manufacture, storage, and transportation of fireworks or pyrotechnic displays; promulgation of safety regulations; conduct of inspections:
§25-10-5 The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations.
[This one's packed full. The license fee: §25-10-3.(4) is the great freedom clause for all homemade fireworks activities (except using!). §25-10-3.1 addresses licensed storage by non-manufacturers (unrelated to my hobbyist needs). §25-10-3.2 was all about public displays. Me thinks the hobbyist skates by the licensing requirement by not conducting fireworks business, i.e. no sales or paid/public displays.]
[Safety Fire Commissioner's safety regulations*: This bit is fuzzy. See notes at end.]

Applicability of provisions of chapter:
§25-10-7 This chapter shall not apply to the high explosives covered by Code Section 25-2-17 over which the Safety Fire Commissioner has regulatory control.
[Just making note that HE requires additional research. This is beyond the scope of my goals for now.]

*The Safety Fire Commissioner's Rules and Regulations:
Can be found at http://rules.sos.state.ga.us/pages/COMPTROLLER_GENERAL/RULES_OF_COMPTROLLER_GENERAL_SAFETY_FIRE_COMMISSIO NER/FIREWORKS_MANUFACTURING_AND_FIREWORKS_OR_PYROTECHN ICS_EXHIBITIONS_AND_DISPLAYS/index.html
[This presents a small hurdle. The Rules and Regulations have the effect of law in accordance with §25-2-4, but they have not been updated since 2008 let alone since the passing of HB 110. The Regulations heavily contradict the Code, but as the Code is a higher order of law (which the Regulations are intended to enforce) it should be generally accepted that the Code takes precedence.]

Chapter 120-3-22-.01(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.
[This takes us back to §25-10-5, where I find it vague whether a hobbyist is subject to these requirements.]

I welcome (read: beg) anyone with experience in these matters as well as all other Georgians to join me in discussion/analysis of this evolving legal environment. I hope to start hobby fireworking with a clear faith in the legality of my actions, and to establish a club organization for what is sure to be a budding pyro community - FPAG is a bit too far from metro Atlanta to attend regularly.

[pbjacker]

*Update*

The Safety Fire Commissioner's "Rules and Regulations" have been updated to reflect the code changes. It seems the commissioner's website is lagging, but the Secretary of State's site has both "effective until" and "effective after" versions, for the changes effective August 13th, 2015: http://rules.sos.ga.gov/GAC/120-3-22

The only discrepancy I found is that the code authorizes use (of consumer products) "between the hours of 10:00 A.M. and 12:00 Midnight", while the commissioner's rule 120-3-22-.13 reads "No person shall use...between the hours of 10:00 A.M. and 12:00 Midnight..." !!!

[Hydrazine]

Preface:...
I welcome (read: beg) anyone with experience in these matters as well as all other Georgians to join me in discussion/analysis of this evolving legal environment. I hope to start hobby fireworking with a clear faith in the legality of my actions, and to establish a club organization for what is sure to be a budding pyro community - FPAG is a bit too far from metro Atlanta to attend regularly.
Hi pbjacker,

Were you able to find out any more information on this subject?