Title 68, Health, Safety and Environmental Protection

This part shall cease to be effective if a federal reduced cigarette ignition propensity standard that preempts this part is adopted and becomes effective.

Notwithstanding any other law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision or with any policy of this state expressed by this part, whether that policy is …

(1) As used in this part:(1) “Boat dock” means a man-made structure that protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation, including boat liveries, and that is connected to an electrical power source in any manner; provided, t…

(a) All boat dock or marina operators shall comply with the following requirements to aid in preventing electrical shock, electrocution, or injury to the users of their facilities and the surrounding areas:(1) Any main overcurrent protective device, installed or replaced on or af…

The state fire marshal shall enforce this part and may promulgate rules for the efficient enforcement of its provisions. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(1) As used in this chapter, unless the context otherwise requires:(1) “Distributor” means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or…

(a) It is unlawful for any person to manufacture, sell, offer for sale, ship or cause to be shipped or received into or within this state, except as provided in this chapter, any item of fireworks, without first having secured the required applicable permit, as a manufacturer, di…

The state fire marshal shall assign a number to each permit issued and each holder of a permit of any of the classes shall imprint or affix the permit number to all orders and invoices issued or used by each manufacturer, distributor or wholesaler.

No person shall deliver, sell or ship fireworks into or within this state, unless the consignee produces the required permit or evidence that the consignee holds such permit. No person shall purchase fireworks from another person without first requiring proof that the proper perm…

(a) Any request for the issuance of a retailer's or seasonal retailer's fireworks permit for a new location shall be accompanied by a statement that the sale of fireworks in the county or municipality, respectively, is permissible. The statement shall be signed by the chief execu…

The issuance of the permits required in this chapter does not replace or relieve any person of state, county or municipal privilege licenses as provided by law. Before the issuance of any state and county licenses, the county clerk shall require each applicant for a fireworks lic…

(1) It is unlawful for any individual, firm, partnership or corporation to possess, sell or use within this state, or ship into this state, except as provided in this chapter, any pyrotechnics commonly known as fireworks, other than the following permissible items:(1) Those items…

No permissible articles of common fireworks defined in § 68-104-108 shall be sold, offered for sale, or possessed within this state, or used, in this state, except as provided in § 68-104-211, unless it is properly named to conform to the nomenclature of § 68-104-108, and unless …

(a) Permissible items of fireworks, authorized by § 68-104-108, may be sold by a retailer or a seasonal retailer. (b) As used in subsection (a), “fireworks” does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five one-hundredt…

(a) Placing, storing, locating, or displaying fireworks or sparkling devices in a window where the sun may shine through glass onto the fireworks or sparkling devices so displayed or permitting the presence of lighted cigars, cigarettes, or pipes within ten feet (10′) of where fi…

(a) (1) To purchase Class C common fireworks or sparkling devices, a person must be at least sixteen (16) years of age. A person who is sixteen (16) or seventeen (17) years of age and who seeks to purchase Class C common fireworks or sparkling devices must provide proof of age to…

Nothing in this chapter 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 or of illuminating devices for photographic use, nor as applying to the mi…

(a) Except as otherwise provided, a violation of this chapter is a Class C misdemeanor. (b) Notwithstanding subsection (a), a violation of § 68-104-112(a)(1) is a Class C misdemeanor punishable by a fine to the retailer or seasonal retailer of up to one hundred dollars ($100) for…

(a) The state fire marshal shall seize as contraband any fireworks, other than Class C common fireworks defined in § 68-104-108, or special fireworks for public displays as provided in § 68-104-211, that are sold, displayed, used or possessed in violation of this chapter. The fir…

(a) This chapter does not affect the validity of any private act, county ordinance, or city ordinance further prohibiting or restricting the sale or use of fireworks; provided, that in counties with a population of not less than fifty-eight thousand seventy-five (58,075) nor more…

The purpose of this part is to enact a self-funded licensing program for display fireworks, pyrotechnic, and flame effect exhibitors and a certification program for individuals conducting fireworks displays, proximate pyrotechnic displays, and flame effect displays. The purpose o…

(1) As used in this part, unless the context otherwise requires:(1) “Certified flame effect operator” means an individual who, by experience, training and examination recognized and approved by the state fire marshal, has demonstrated the necessary knowledge and ability to safely…

(a) An individual or entity, other than a municipality, county, or metropolitan government, must be a licensed exhibitor to perform an outdoor fireworks display, an indoor or outdoor proximate pyrotechnic display or an indoor or outdoor display using flame effects. An individual …

(1) To receive an exhibitor's license, an applicant shall:(1) Make application to the fire marshal on a form prescribed by the fire marshal. The application must be accompanied by the required fee. An individual seeking a license as a sole proprietor or on behalf of a business en…

If an applicant complies with the requirements of this part and the rules of the fire marshal, the fire marshal shall issue the license within sixty (60) days of receiving the application. The term of the license is one (1) year from the date of issuance. Each license issued shal…

A license holder with an unexpired license may apply for a new license at any time before the license expires. An exhibitor whose license has been expired for ninety (90) or fewer days may renew the license and have it retroactive to the date the old license expired by applying a…

(a) The fire marshal may refuse to grant, or may suspend, revoke or refuse to renew any license or certification held under this part, and may assess a civil penalty not exceeding two thousand five hundred dollars ($2,500) for a first violation of this part and not exceeding ten …

(a) The fire marshal shall establish a program of certification for outdoor fireworks display operators, proximate pyrotechnic display operators, and flame effect display operators. To receive certification, an applicant must apply for certification to the fire marshal on a form …

The fire marshal, upon application by a certified operator, or equivalent, from another state, may allow the operator to perform displays in this state without submitting to the written examination, if the fire marshal determines that the other state's laws allow certified operat…

(a) It is unlawful for:(1) Except with regard to a municipality, county or metropolitan government that conducts a display, so long as the governmental entity is in compliance with § 68-104-203(b), anyone other than a certified operator to perform an outdoor display using display…

(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 regulat…

The fire marshal shall collect a permit fee from or on behalf of the sponsor for each event at which there will be a display, which may include all or any of the types of displays regulated by this part, in an amount not to exceed fifty dollars ($50.00) per permit. As part of the…

Any person or entity that stores fireworks or pyrotechnic materials, or both, that are classified as Class B or 1.3 fireworks or pyrotechnic materials in the regulations of the United States DOT for transportation of explosive and other dangerous articles, shall store them in acc…

(1) The fire marshal shall administer and enforce this part and may call upon any state, county, or municipal officer or employee for assistance. The fire marshal may promulgate rules to carry out the fire marshal's responsibilities under this part, including rules relative to:(1…

This part does not affect the validity of any municipal ordinance further regulating or restricting outdoor displays using display fireworks, indoor or proximate pyrotechnics displays, or indoor or outdoor displays using flame effects.

This chapter is known and may be cited as the “Tennessee Blasting Standards Act.”

(1) As used in this chapter, unless the context otherwise requires:(1) “Airblast” means the airborne shock wave generated by a blast and traveling through the atmosphere;(2) “ATF” means the bureau of alcohol, tobacco, firearms, and explosives of the United States department of ju…

(a) The use of explosives for the purpose of blasting in the neighborhood of a public highway, dwelling house, public building, school, church, commercial or institutional building, or pipeline or other public utility facility, including, but not limited to, electrical and commun…

(a) In all blasting operations, except as otherwise provided in this chapter, the maximum ground vibration at a dwelling, public building, school, church, or commercial or institutional building normally occupied adjacent to the blasting site must not exceed the limitations speci…

(a) At a dwelling house, public building, school, church, commercial or institutional building normally occupied within three hundred feet (300′) of a blast hole, the responsible blasting firm shall offer the owner or occupant a pre-blast survey at no charge. This requirement app…

(a) Unless otherwise exempted by this chapter, no person shall detonate explosives in any blasting operation, unless the person is registered with the department. (b) The minimum requirements for registration are the following:(1) Previous practical experience, obtained under the…

(a) A record of each blast shall be kept. (b) All records, including seismograph reports, shall be retained at least three (3) years and shall be available for inspection and shall contain the following minimum data:(1) Name of company or contractor;(2) Location, date and time of…

(a) The department may promulgate such rules and regulations, neither inconsistent nor contradictory with this chapter, that it deems necessary to effectuate the chapter. (b) The department may also prescribe forms required for the administration of the chapter.

(a) Notification of Accident. In the event of a blasting accident, the blaster in charge of the site shall notify the department where death, personal injury requiring hospital admission, or property damage of at least five thousand dollars ($5,000) due to flying debris occurs as…

This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by the chapter.

Any person, firm, association, corporation or other entity that engages in activity governed by this chapter and is not registered as required by this chapter commits a Class A misdemeanor.