Permit Information for the Peach State

[georgiapyro]

Just thought I would take a moment to share my story with fellow pyros. If you are in GA, you probably will know and sense my frustration...

For the past several months I have tried to embrace my new hobby of fireworks and continue to pursue it by obtaining my ATF License. I ordered Dave's video a while back and was looking forward to sending in my application. As some of you have read on my previous posts, you have seen some of the struggles I've gone through. I had planned on turning in my application in January, but as I have said before, I came across some issues when it comes to Georgia law. Georgia is not a pyro friendly state except for safe and sane items. This posed a problem for me. I thought getting my ATF license would allow me an opportunity to get permits to shoot, as no permits will be issued unless you are licensed. This meant that I would need to be licensed just to shoot aerial consumer items. But of course, this was not the end. I now face the issue of insurance. If you read the link below you will see that ANY permit MUST be accompanied with a $10,000 bond or a certain amount of liability insurance. The permit is geared toward companies who put on outdoor displays, but there is not other options for permits in GA. This is the only way to go about a personal display, legally.

If your interested, take a gander at the link here:
http://www.gaprobate.org/forms/forms10/pdf/09gpcsf31.pdf

This link will show you just how hard it is to enjoy the pyro hobby here in GA. I sure hope things will change so many of us hobbyists can enjoy our products without worrying about legal ramifications from our actions.

[Pyro Nation]

Wow...well, you can move to PA.... I know some from new york like Jay will feel your pain

[Palermitano2]

Wow...well, you can move to PA.... I know some from new york like Jay will feel your pain

and palermitano2 from ma.........(I dont even capitalize it because it doesnt deserve it). However there is hope!!!!!!!!!!!!

[displayfireworks1]

Thanks for that great post and associated link. What initially would like an impossible scenario to overcome can be a challenge. I am not an attorney or law expert but using my sportsman club fireworks display as an example I would argue that my display IS NOT a public display as outlined in the state permit. IT IS a private display on private property and not for public viewing. Also, check with the local governing body to see if they have a fireworks ordinance on the books. It also helps to invite the local Fire Department. It is always going to be easier to get approval if the fire department is present.
Some people just go for it and have the display, but if you make the decision to attempt to get the permit you should always do it in writing. Why, because if you just call any clown answering the phone will simply tell you that you can not do it. I would advise to copy your Type 54 and write up an official request and give it to the local governing body. Request an official written response. Do this well in advance of the display.

[georgiapyro]

Thanks for the replies fellas... and thanks Dave for the extra advice. I think I have convinced myself to move forward with the Type 54, but I have also thought about what will happen if I am unable to get a permit in the manner you discussed. Although I think I could win an argument that I am doing a private shoot for friends and family, I just see a problem if they deny me and then I continue to go on with the shoot. One would think I know have a bullseye on me come the shoot date. Then I also would need to think about the ATF's viewpoint. I don't want to jeopardize my license privileges by shooting illegally... I really want to get my Type 54, but if I am still unable to get a permit, I don't want to risk losing my license by doing a shoot that would be considered illegal..... Understand what I am saying? It would stink to finally get my 54 and then lose it because I did an illegal shoot in the state of GA. Any recommendations for this issue? Or am I just over analyzing things? I tend to do that sometimes.... lol

[displayfireworks1]

Sometimes if you wait for multiple authorities to tell you everything is Ok you may wait a very long time. The first step is to get the Type 54; you do not really need a shot date to get the license. Once you have the license then you go from there. When I receive feedback from my ATF video package, some people watch the video and immediately get moving on it and then other people become overwhelmed with what they preserve is an impossible scenario to over come and never step forward. I would bet if you did a public information request for citizens that hold private Type 54 license in Georgia you would be surprised

[georgiapyro]

Thanks for the encouragement Dave and I appreciate all of the good advice. I'm pretty sure I'll move on it come the first of the year. I'll make sure to keep the forum posted on my progress. Thanks!

[Pyro Nation]

Please do.. There are many others in states there are a pain in the buttox ..lol... about this as well. They could learn from what you are going through..

[georgiapyro]

Just thought I would update everyone on my progress. I'm should be putting my application into the mail the beginning of next week. I'm getting my fingerprints done tomorrow and then should be able to move on the application. I'm still not sure how the local issues will work themselves out, but I guess that is something that an ATF agent might be able to help with. Anyway, here goes nothin!

[tennpyro1]

You can come to Tennessee I know that's not really helping the issue in Georgia but it would give you some where to shoot

[PyroJoeNEPA]

Good luck georgiapyro. Having the 54 will be a great starting place so that when you approach the locals about a private display you have some credibility being licensed & educated in the field. If there is a local pyro club you can join that would be a big help & also getting your PGI Shooters Certification adds to your credibility. Keep us posted!

[pbjacker]

I hope georgiapyro will revisit this topic now that 1.4G has been legalized here in GA. I've been pouring days of my time into researching legality and compliance requirements, I feel very comfortable/knowledgeable about federal issues, but it blows my mind that the northern states are more "free" than GA when it comes to pyro. I'm not even looking to do displays yet, just BP to start, progressing to fountains and mines gradually, with the support and confidence of family and neighbors.

A primary concern of mine at this point is that despite recent change to OCGA, the Safety Fire Commissioner Rules and Regulations 120-3-22-.07 State Minimum Fire Safety Codes and Standards still states "The use of fireworks by the general public is prohibited..."

This tidbit negates the suggestions earlier that one could circumvent the outrageous state requirements by clearly defining one's operations as private and non-commercial.

[chriskrc]

It would be nice to see where he is. I'm going to be doing this soon in N.Y. and we are only safe and sane but to see what happened would be great.

[cptnding]

I hope georgiapyro will revisit this topic now that 1.4G has been legalized here in GA. I've been pouring days of my time into researching legality and compliance requirements, I feel very comfortable/knowledgeable about federal issues, but it blows my mind that the northern states are more "free" than GA when it comes to pyro. I'm not even looking to do displays yet, just BP to start, progressing to fountains and mines gradually, with the support and confidence of family and neighbors.

A primary concern of mine at this point is that despite recent change to OCGA, the Safety Fire Commissioner Rules and Regulations 120-3-22-.07 State Minimum Fire Safety Codes and Standards still states "The use of fireworks by the general public is prohibited..."

This tidbit negates the suggestions earlier that one could circumvent the outrageous state requirements by clearly defining one's operations as private and non-commercial.

pbjacker. I have been searching code for a while now and it appears that has changed. No "prohibited" line is in the code. My biggest concern it the state code requirement for a $1500 per year storage license. That's steep. Most of the lines in the code say "in business" or something like that but the storage license does not.

[Hydrazine]

cptnding,

I'm there with you. I'm currently researching the same subject in North Georgia.

I will contact the Safety Fire Commissioner. Hopefully there will be a little more clarification on what the requirements are for personal Vs business.
https://www.oci.ga.gov/ExternalResources/Forms/AllForms/Application%20for%20License%20to%20Manufacture%20a ndor%20Store%20Fireworks%20and%20or%20Pyrotechnics .pdf

[Westpapyro]

cptnding,

I'm there with you. I'm currently researching the same subject in North Georgia.

I will contact the Safety Fire Commissioner. Hopefully there will be a little more clarification on what the requirements are for personal Vs business.
https://www.oci.ga.gov/ExternalResources/Forms/AllForms/Application%20for%20License%20to%20Manufacture%20a ndor%20Store%20Fireworks%20and%20or%20Pyrotechnics .pdf

That link is for storage correct, just don't store anything? Can you purchase everything you are shooting on the same day you'll be shooting your show?

[Hydrazine]

That's a good question but as of now, I'm not entirely sure.
If there are attorneys in Georgia that work in this field I would be willing to pay for professional advice on this subject.

Is there such a thing as pyrotechnic attorneys in Ga.?

[cptnding]

That link is for storage correct, just don't store anything? Can you purchase everything you are shooting on the same day you'll be shooting your show?

It would be possible to pick up and shoot in the same day but not practical. The closest 1.3 dealer (that I know of) is Nite Lites in KY. 6 hour drive each way.

[cptnding]

That's a good question but as of now, I'm not entirely sure.
If there are attorneys in Georgia that work in this field I would be willing to pay for professional advice on this subject.

Is there such a thing as pyrotechnic attorneys in Ga.?

I would be very interested as well.

[liame]

"Here are some competent fireworks and explosives attorneys that can help you:
John Brooke: 800-481-0900 work,
Don Creador: 917-226-1881 work
Doug Mawhorr: 765-741-1375
Tom Morrow: 410-823-9406 work,
John Steinberg is an excellent resource for advice in the event you are involved in an investigation. You can contact him at 410-655-8594, or jrsrocket@aol.com."*

i dont know if this will help or not it took me a bit to remember where i saw it. one of these individuals may be able to help or point your in a direction that may help (sorry i stole it from the cited below)

*Dave Stoddard - Getting Legal

[Hydrazine]

Thanks for the leads liame!
I'll contact them.

[georgiapyro]

Hey guys. I have not checked PyroTalk in a while, but got some private messages that started to peak my interest again. I actually got my Type 54, but have yet to purchase product for use in GA. From what I have gathered over the years is that the difficulty is actually shooting the 1.3 product. ATF will work with you to get a magazine and you can comply with state and local guidelines, but to actually get a permit to shoot 1.3 product the process is extensive. Although 1.4 is now legal in the state, the regulations for insurance and permits necessary for a 1.3 shoot are the same.

[deepdixie1979]

Hey guys. I have not checked PyroTalk in a while, but got some private messages that started to peak my interest again. I actually got my Type 54, but have yet to purchase product for use in GA. From what I have gathered over the years is that the difficulty is actually shooting the 1.3 product. ATF will work with you to get a magazine and you can comply with state and local guidelines, but to actually get a permit to shoot 1.3 product the process is extensive. Although 1.4 is now legal in the state, the regulations for insurance and permits necessary for a 1.3 shoot are the same.


There isn't any way around the $1,500 year storage/manufacturing fee in Georgia is there? Especially if one purchases 1.3 product in advance of a show and stores it in his/her personal ATF approved magazine. I was under the impression that the $1,500/year license was a commercial license and didn't apply to hobbyists or those not in commerce.

[georgiapyro]

The "not in commerce" issue is such a difficult discussion. I know for transport there is a distinction, but not sure if it would apply to storage. ATF can still approve your magazine, but it seems the $1,500 licensing fee for the state would still apply, plus any local regulations (which in a small county/city there may be none). I have never explored storage of 1.3 because I knew that it is such a difficult process to actually shoot a 1.3 show here in GA. Unless you have alot of funds for insurance policies, it's just not feasible, at least I don't think it is, to shoot a show as a hobbyist here. It's very frustrating to say the least.