Title 8 — Title 8

Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks. It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or…

Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor as applying to the military or naval forces of the United States, or …

Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100 or more than $1,000 or imprisoned for not less…

The State Fire Marshal shall seize as contraband any fireworks other than the permitted “Class C Consumer Fireworks” and related items defined in Section 8-17- 217 or “special fireworks” for public displays as provided in Section 8-17-216, which are sold, displayed, used, or poss…

(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance…

Rules and Regulations. The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve and register such brands and labels intended for use under the provisions of this articl…

For the purposes of this article, the following terms shall have the following meanings: (1) AMERICAN PYROTECHNICS ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance in the design and use of legal fireworks. (2) ASSISTANT. A person wh…

(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this article. (b) A person may not provide a fireworks display without a pyrotechnic display operator licen…

(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both, without a pyrotechnic special effects operator license. An applicant for a pyr…

(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age and satisfy the requirements of subsection (b) or subsection (c). (b) For a pyrotechni…

(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state using fireworks shall first hire a licensed pyrotechnic display operator or a pyrotechnic special effects operator …

The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior to use. History: (Act 2018-464, §6.)

(a) Any person who is certified as a lead technician by the State Fire Marshal on or before June 1, 2018, may apply to the State Fire Marshal under this article for a pyrotechnic display operator license or a pyrotechnic special effects operator license. The application shall be …

(a) A pyrotechnics display operator license or pyrotechnic special effects operator license issued under this article authorizes the holder to act pursuant to that license until the license is suspended, revoked, or not renewed. Upon the suspension or revocation of a license, or …

Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor. History: (Act 2018-464, §9.)

This article shall be read in pari materia with Article 8, commencing with Section 8- 17-210, of Chapter 17, Title 8. History: (Act 2018-464, §10.)

Any person violating the provisions of this article shall be guilty of a misdemeanor. History: (Acts 1927, No. 132, p. 90; Code 1940, T. 2, §55.)

This article shall be known and may be cited as the “Alabama Explosives Safety Act of 1993.” History: (Acts 1993, No. 93-713, p. 1391, §1.)

The following words and phrases used in this article shall have the following meanings: (1) ACT. Alabama Explosives Safety Act of 1993. (2) BLAST. The firing or detonating of explosives. (3) BLASTER. A person qualified by reason of training, knowledge, and experience to design, s…

Purchasing of Equipment. (a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or …

(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has …

(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification: (1) Has violated this article or any o…

In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met. History: (Acts 1993, No. 93-713, p. 1391, §6…

(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office. (b) It is unlawful for any person to make any false entry in any record required to be kept by this section. History: (Acts 1993, No. 93-713, p. 1391, §7.)

(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasti…

(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority fo…

Actions. (a) The office may suspend or revoke the certification or license of any person issued under this article who is found guilty of any fraud or deceit in obtaining a certification or license, or gross negligence, incompetence, or gross misconduct in the conduct of blasting…

(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations: (1) Are reasonable and necessary. (2) Will not hinder the effective administration of the art…

This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating…

Civil Action for Relief. (a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or issuing authority shall conduc…

Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation. History: (Acts 1993, No. 93-713, p. 1391, §14.)

(a) Nothing contained in this article shall apply to: (1) Personnel of regular law enforcement agencies, military, or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official …

All sums received through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature shall be deposited in the State Treasury and credited to the State Fire Marshal’s Fund authorized by Section 36- 19-31. This fund shall be available to…

In determining compliance with this article, the authorized representatives of the State Fire Marshal or issuing authority shall have the right of entry to, upon, and through any premises, or the site of any permitted or unpermitted commercial blasting operation without advance n…

This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act. History: (Act 2009-630, p. 1927, §1.)

As used in this article, the following terms shall have the following meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco wrapped in paper or in…

(a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified…

(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following: (1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272. (2) Each cigarette listed in the certification meets the pe…

(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17- 273 shall be marked to indicate compliance with the requirements of Section 8-17- 272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Stan…

(a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pac…

(a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article. (b) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealer…

To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession…

Protection Act Fund. There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies re…

Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 8- 17-272 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the Unit…

This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective. History: (Act 2009-630, p. 1927, §11.)

This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in accordance with this article and, notwithstanding any other provision of law, a governmental unit of this state may not enact …

Unless inconsistent with any other provision of this article, the following ASTM International standards are adopted by reference: (1) F770-22, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices. (2) F2376-22, Standard Practice …

For the purposes of this article, the following terms have the following meanings: (1) AMUSEMENT RIDE. A device or combination of devices or elements that carry, convey, or direct an individual over or through a fixed or restricted course or within a defined area for the primary …

Requirements. (a) All amusement rides and water slides shall be inspected by a qualified inspector at least once every 12 months, measured from the date of issuance of the immediately preceding inspection certificate. (b) Upon completion of a satisfactory inspection, a qualified …

An owner of an amusement ride or water slide shall maintain, at all times during which the amusement ride or water slide is in operation for the public, liability insurance with an insurer authorized or approved to write such insurance in this state on the operation of the amusem…