Hello from Middle TN

[Smily0]

Hey guys. I've perused this site occasionally for years, but finally decided to join recently. I've been shooting shows for many years; like many of you I started off basic hand firing, then moved to timed fuse, and several years ago finally upgraded to Cobra. This was my first year with any 1.4 Pro, and more importantly, my first time shooting 1.3 (in pro shows, not my personal). I was able to apprentice on three shows (one of which I shot) so I can get my state operators license. My packet is sent in, I'm just waiting on them to let me schedule the test. I'm on the fence about obtaining a type 54 or 20, but it's been in the back of my mind for years. I'm looking forward to learning a bit more from this group as I go forward.

[displayfireworks1]

Many fireworks enthusiast follow the pyrotalk forums and when they are ready they sign up. We welcome all levels of pyrotechnic experienced. Thanks for outlining some of your experience . You are moving along nicely I see you are from Tennessee , I would curious to see what type of state requirements there are and/or required continuing education. Do you happen to have a website link to the requirements?

[Smily0]

Any discharge of 1.3 fireworks (public or private) requires a permit from the state fire marshall, as does any public display, even if only 1.4/1.4 pro. Public display is the key word; local churches and fire departments putting on advertised shows with only 1.4 is technically illegal without a permit, but a private show on my farm that is not publicly advertised with 1.4 only is just fine.

To get a permit, you must have a TN state exhibitors license ($1000/year), $1m liability insurance, a licensed fireworks operator on site, and you have to submit all the drawings showing setbacks/fallout zones/etc. Depending on proximity, you may also need to have waivers signed by home owners in the fallout zone if you don't have room to move further away.

As for the state operators license, you have to have experience on 3 permitted 1.3 shows, pass a test based on 2006 NFPA 1123, and pay the required fees ($250 including state and test fees). Once licensed, you either have to take a 6 hour continuing education course, or retake the exam to renew your license at the end of the period. There is no training requirement to get your initial license...and any training taken before the license is issued does not count towards renewal. All of the online references state the license is valid for 2 years, but the shooters I'm working with all have a 3 year renewal period that was changed during COVID. I'll know in a few weeks if new licenses are 2 or 3 years.

Here is a link to the application and resources: https://www.tn.gov/commerce/fire/permit/licensing/fireworks/applications-resources/operators.html
Here is a link to the actual law on certification: https://law.justia.com/codes/tennessee/2021/title-68/chapter-104/part-2/

[Smily0]

I got my approval to move forward with the outdoor firework operator test today. Here are the exam details. I also attached the PSI exams flyer PDF with the proximate and flame test details if anyone is interested. You submit your application to the state with their fee payment and verification of experience; once submitted, they send you this packet with a file# to include in the test registration. Once the exam is passed, they issue the actual license.
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[Smily0]

Many fireworks enthusiast follow the pyrotalk forums and when they are ready they sign up. We welcome all levels of pyrotechnic experienced. Thanks for outlining some of your experience . You are moving along nicely I see you are from Tennessee , I would curious to see what type of state requirements there are and/or required continuing education. Do you happen to have a website link to the requirements?

Anything else I missed that you'd like to know?

[displayfireworks1]

What a incredible coincidence that Tennessee has all these display fireworks regulations and the display company Pyro-Shows also has their headquarters in Tennessee. I'm curious Smily0, are you doing any for profit 1.3 displays or just hobbyist 1.3 for your own personal use.

[Smily0]

What a incredible coincidence that Tennessee has all these display fireworks regulations and the display company Pyro-Shows also has their headquarters in Tennessee. I'm curious Smily0, are you doing any for profit 1.3 displays or just hobbyist 1.3 for your own personal use.
To quickly answer your question, I apprenticed on 3 1.3 shows (including shooting the 3rd) this year for a local company. I plan to shoot for them in the future, hence needing to get the state operators license. If I have a magazine, either under my own 54 or their 20 license, I can bring the product here and match at my location and store until shows instead of driving the 45+ minutes each way to their headquarters.

I would like to start including 1.3 in my shows, but I'm undecided because of cost. I talked to one company about ship and show insurance and it will run 10% of products with a $475 min to $1100 max (and can only shoot their product) which is "ok" in and of itself....but the exhibitor license required to get the permit (in addition to the operator license) is $1000/year no matter if I do 1 show or 100. So, basically expect $1500 in fees before I've even fired the first shell. I'm really not sure whether or not I'll shoot 1.3 here. My other option is to buy from the company I'm working for and have them insure and file the permit, but until I know how they price for employees, that may or may not be an option.

I've heard a lot of stories about Pyro-Shows, and most of them aren't great, but I don't have any personal experience with them.

[displayfireworks1]

Are "My Shows " as you term them for profit?

[Smily0]

Are "My Shows " as you term them for profit?

I just understood what you are asking. No, by "my shows" I mean a personal show here on the farm with some family and friends invited.

[displayfireworks1]

It sounds like you may want to dabble in the for profit display business and Tennessee set up a few roadblocks to discourage competition at the entry level. I don’t necessarily believe these Tennessee regulations apply to a not for profit ATF licensed hobbyist wanting to shoot a private display not recognized as a public display. Although people that work in the display business will say they do why? So they make sure they are the only ones playing the 1.3 game in that state.
I have no record of an ATF licensed not for profit hobbyist being cited for not having an exhibitors license in any state that has such a requirement. And that includes Ohio and others.

[Smily0]

It sounds like you may want to dabble in the for profit display business and Tennessee set up a few roadblocks to discourage competition at the entry level. I don’t necessarily believe these Tennessee regulations apply to a not for profit ATF licensed hobbyist wanting to shoot a private display not recognized as a public display. Although people that work in the display business will say they do why? So they make sure they are the only ones playing the 1.3 game in that state.
I have no record of an ATF licensed not for profit hobbyist being cited for not having an exhibitors license in any state that has such a requirement. And that includes Ohio and others.

Please don't take this as me being against 1.3 products. I am most certainly in favor of them, but I also try to make sure and understand the law surrounding legal use. (I also have read all the relevant gas, electric, and chimney codes in effect for my state before I did work on those systems...it's just how I'm programmed.) If you'd like to chat privately, I'm open to that too. I'm not trying to dissuade anyone from doing anything, just answering your questions on where I'm at. I would love to learn that I'm wrong as I would absolutely love to shoot 1.3 without the hassle and expense. Anyways, here goes my response.

Technically, the problem would be firing a display containing 1.3 items without a permit; obtaining a permit requires an exhibitor’s license, insurance, and a licensed operator among other requirements.

TN Code § 68-104-203 (https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/safety/chapter-104-fireworks/part-2-licensing-and-certification-program/section-68-104-203-licensed-exhibitor-application-for-permits-requirements) says “An individual or entity, other than a municipality, county, or metropolitan government, must be a licensed exhibitor to perform an outdoor fireworks display…”. § 68-104-202 (https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/safety/chapter-104-fireworks/part-2-licensing-and-certification-program/section-68-104-202-part-definitions) (4) says: "Display fireworks" means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1.3G fireworks or display fireworks in the regulations of the United States department of transportation (DOT) for transportation of explosive and other dangerous articles.

Further, § 68-104-210 (https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/safety/chapter-104-fireworks/part-2-licensing-and-certification-program/section-68-104-210-unlawful-practices-violations-adopting-section-by-reference-exceptions) says: “(a) It is unlawful for: (1)(b) anyone other than a certified operator to perform an outdoor display using display fireworks, indoor display or proximate pyrotechnics display that are defined as 1.4G or 1.4S fireworks or pyrotechnics in the regulations of the United States DOT for transportation of explosive and other dangerous articles, or indoor or outdoor display using flame effects” with an exception under subsection (d) stating “Subsection (a) does not apply to individuals or organizations employing DOT Class C common fireworks for their personal or display use.”

And what I believe is the nail in the coffin (legally anyways) is § 68-104-211 (https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/safety/chapter-104-fireworks/part-2-licensing-and-certification-program/section-68-104-211-public-displays-permits-fire-prevention). Starting at subsection (a)(1) “Items of fireworks that are to be used for public display only and that are otherwise prohibited for sale or use within this state include display shells designed to be fired from mortars and display set pieces defined as 1.3G fireworks or display fireworks in the regulations of the United States DOT for transportation of explosive and other dangerous articles.” Further subsection (2) says “Public displays shall be performed only under competent supervision, and after the persons or organizations making the displays have applied for and received a permit for displays issued by the state fire marshal.” The rest of this section talks about the permitting process.

Violating this law is defined as a class B misdemeanor (§ 68-104-210 (https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/safety/chapter-104-fireworks/part-2-licensing-and-certification-program/section-68-104-210-unlawful-practices-violations-adopting-section-by-reference-exceptions)) which carries punishment of not greater than 6 months imprisonment, a fine not to exceed $500, or both as defined in § 40-35-111 (e)(2) (https://casetext.com/statute/tennessee-code/title-40-criminal-procedure/chapter-35-tennessee-criminal-sentencing-reform-act-of-1989/part-1-general-provisions/section-40-35-111-authorized-terms-of-imprisonment-and-fines-for-felonies-and-misdemeanors)