O.C.G.A. § 25-10-3.1 — Storage of ﬁreworks by licensed nonmanufacturers

(a) Fireworks deﬁned as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code Section 25-10-4 may be stored by a person, ﬁrm, or corporation, other than a manufacturer, pursuant to a magazine 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 a form to be prescribed by the Commissioner. The application shall include a letter of acknowledgment and endorsement from the local authority having responsibility for ﬁre suppression. (b) Any application for a magazine license made pursuant to subsection (a) of this Code section shall be accompanied by plans for the magazine proposed to be used for storage of Class B explosives or the equivalent thereof, in such detail and in such number of copies as required by the Safety Fire Commissioner. Construction of a magazine for storage of ﬁreworks pursuant to this Code section shall not commence until the plans therefor have been approved by the state ﬁre marshal and returned to the applicant. (c) No license shall be issued pursuant to this Code section unless: 165 25-10-3.1 FIRE PROTECTION AND SAFETY 25-10-3.2 (1) The applicant currently holds a valid license or permit to receive explosive materials including Class B explosives or the equivalent thereof issued pursuant to regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; (2) The applicant presents a copy of a valid permit for a public exhibition or display of ﬁreworks issued pursuant to Code Section 25-10-4; (3) The state ﬁre marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds the requirements for magazines to be used for storing Class B explosives or the equivalent thereof as established by regulations and adopted codes and standards of the Safety Fire Commissioner; and (4) The state ﬁre marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds any additional requirements applicable to magazines to be used for storage of Class B explosives or the equivalent thereof by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5. (d) Any license issued pursuant to this Code section shall be subject to the annual license fee and expiration date provisions of Code Section 25-10-5. The initial annual fee for a magazine license shall be submitted along with the application for such license. (e) Any ﬁreworks stored under any magazine license issued pursuant to this Code section shall be stored in an approved magazine and in accordance with the regulations for storing Class B explosives or the equivalent thereof as established by regulations of the Safety Fire Commissioner and any additional requirements for storage of such explosives by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5, for a period of time not to exceed 60 days before and 60 days after the permitted date of a public exhibition or display of ﬁreworks pursuant to Code Section 25-10-4. (f) Any violation of the provisions of this Code section shall be grounds for revoking a magazine license. History. Code 1981, § 25-10-3.1, enacted by Ga. L. 1996, p. 945, § 3. 25-10-3.2. License required for pyrotechnics exhibits; requirements; penalty for violations. (a) No person, ﬁrm, corporation, association, or partnership shall cause the combustion, explosion, deﬂagration, detonation, or ignition of 166 25-10-3.2 REGULATION OF FIREWORKS 25-10-4 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. (b) All applicants must meet the following requirements for licensure: (1) The applicant shall submit to the Safety Fire Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as speciﬁed by the Safety Fire Commissioner. An insurer that provided such coverage shall notify the Safety Fire Commissioner of any change in coverage; (2) The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5; and (3) The applicant shall comply with all rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter. (c) Any violation of this chapter shall be grounds for revocation or denial of licensure to conduct pyrotechnic displays. History. Code 1981, § 25-10-3.2, enacted by Ga. L. 2003, p. 294, § 2; Ga. L. 2016, p. 64, § 8/HB 727.