---
title: HB 1095. Fire protection and safety; establish permanent consumer fireworks sales facilities
collection: bills
id: 2025-2026/hb1095
cite_as: HB 1095, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1095
md_url: https://georgiacommons.org/bills/2025-2026/hb1095.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1095/text
source_url: https://www.legis.ga.gov/legislation/72611
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1094.md
next: https://georgiacommons.org/bills/2025-2026/hb1096.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 319
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1095.md?full=1
bill_number: HB 1095
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-29
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Alan Powell
- Steve Tarvin
- Jason Ridley
- Rick Jasperse
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1095/2025
upstream_id: 2102342
summaries_model: claude-sonnet-5
topic_tags:
- fireworks regulation
- fire safety
- business licensing
- local government rules
---
# HB 1095. Fire protection and safety; establish permanent consumer fireworks sales facilities
## Text
The House Committee on Regulated Industries offers the following substitute to HB 1095:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to
regulation of fireworks, so as to establish permanent consumer fireworks sales facilities; to
establish temporary consumer fireworks sales facilities; to increase the number of temporary
consumer retail fireworks sales facilities a distributor may operate; to provide for definitions;
to revise penalties for violations of such chapter; to amend Chapter 60 of Title 36 of the
Official Code of Georgia Annotated, relating to general provisions applicable to counties and
municipal corporations, so as to make conforming changes; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of
fireworks, is amended by revising subsection (a) of Code Section 25-10-1, relating to
definitions, as follows:
"25-10-1.
(a) As used in this chapter, the term:
(1) 'Consumer fireworks' means any small fireworks devices containing restricted
amounts of pyrotechnic composition, designed primarily to produce visible or audible
effects by combustion, that comply with the construction, chemical composition, and
labeling regulations of the United States Consumer Product Safety Commission as
provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the
United States Department of Transportation as provided for in Part 172 of Title 49 of the
Code of Federal Regulations, and the American Pyrotechnics Association as provided for
in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall
mean Roman candles.
(2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for
by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or
membrane structure.
(3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for
by NFPA 1124.
(4) 'Distributor' means any person, firm, corporation, association, or partnership which
sells consumer fireworks.
(5) 'Electric plant' shall have the same meaning as provided for in Code Section 46-3A-1.
(6) 'Fireworks' means any combustible or explosive composition or any substance or
combination of substances or article prepared for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration, or detonation, including blank
cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles
and explosives of like construction, as well as articles containing any explosive or
flammable compound and tablets and other devices containing an explosive substance.
(7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means
any exhibition or display of fireworks, or any use of pyrotechnic special effects, that
occurs within a building or structure or before an audience closer to the pyrotechnic
devices than permitted by National Fire Protection Association Standard 1123, Code for
Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that
such term shall not include the use of pyrotechnic special effects in television and motion
picture production when no audience is present.
(8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric
oxygen to produce thermal, physical, visual, or audible phenomena before an audience
or for use in motion picture and television production.
(9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles, 2006 Edition.
(10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of
Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a
public or private elementary or secondary school in this state. 'Permanent consumer
fireworks retail sales facility' shall have the same meaning as provided for by NFPA
1124; provided, however, that such term shall not include a tent, canopy, or membrane
structure.
(11) 'Personal and private use' means the use of consumer fireworks for any activity
other than any activity of a professional or commercial nature or for profit or commercial
gain and intended, in particular, for household entertainment or enjoyment for private
gatherings.
(12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display
fireworks, consumer fireworks, or any combination thereof for any purpose relating to
the amusement or entertainment of the public that does not occur within a building or
structure or before a proximate audience; provided, however, that such term shall not
include the private and personal use of consumer fireworks by the public.
(13) 'Pyrotechnics' means fireworks not intended for use by the general public.
(14) 'Special effect' means an audible or visual effect created for motion picture and
television production through the use of flammable or combustible liquids, flammable
solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and
devices.
(15) 'Store' shall have the same meaning as provided for by NFPA 1124; provided,
however, that such term shall only include such buildings with at least 4,000 square feet
of retail display space and wherefrom:
(A) No more than 25 percent of such retail display space is used for consumer
fireworks and items or products as provided for under paragraph (2) of subsection (b)
of this Code section; and
(B) Other items or products which are not consumer fireworks or items or products as
provided for under paragraph (2) of subsection (b) of this Code section are sold;
and provided, further, that such term means a person, firm, corporation, association, or
partnership with more than one mercantile location, where all such mercantile locations
are collectively known to the public by the same name or share central management.
(16) 'Temporary consumer fireworks retail sales facility' shall have the same meaning
as provided for by NFPA 1124.
(16)(17) 'Waste-water treatment plant' shall have the same meaning as provided for in
Code Section 43-51-2.
(17)(18) 'Water treatment plant' shall have the same meaning as provided for in Code
Section 43-51-2."
SECTION 2.
Said chapter is further amended in Code Section 25-10-2, relating to prohibited fireworks
activities and application of noise ordinance, by revising paragraph (6) of subsection (b) as
follows:
"(6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer
fireworks retail sales facility or store only if such permanent consumer fireworks retail
sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks
retail sales facility or store in the selling of consumer fireworks as provided for in
NFPA 1124; and
(ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b)
or (d) of Code Section 25-10-5.1.
(B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks
retail sales stand only if such temporary consumer fireworks retail sales stand is:
(i) In compliance with the requirements for such a temporary consumer fireworks
retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;
(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political
subdivision or a fire department connection of a building affiliated with such
consumer fireworks retail sales stand, unless the chief administrative officer of the
fire department of a county, municipality, or other political subdivision or chartered
fire department legally organized to operate in this state pursuant to Chapter 3 of this
title and having operational authority over such location of the temporary consumer
fireworks retail sales stand provides in writing that such temporary consumer
fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant
or fire department connection; and
(iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c)
of Code Section 25-10-5.1.
(C) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks
retail sales facility only if such temporary consumer fireworks retail sales facility is:
(i) In compliance with the requirements for such a temporary consumer fireworks
retail sales facility in the selling of consumer fireworks as provided for in NFPA
1124;
(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political
subdivision or a fire department connection of a building affiliated with such
consumer fireworks retail sales facility, unless the chief administrative officer of the
fire department of a county, municipality, or other political subdivision or chartered
fire department legally organized to operate in this state pursuant to Chapter 3 of this
title and having operational authority over such location of the temporary consumer
fireworks retail sales facility provides in writing that such temporary consumer
fireworks retail sales facility may operate in excess of 1,000 feet from such fire
hydrant or fire department connection;
(iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (e)
of Code Section 25-10-5.1; and
(iv) Not located within one mile of a permanent consumer retail sales facility that is
used primarily for the retail display and sale of consumer fireworks to the public.
(D) A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may
operate no more than two temporary consumer fireworks retail sales stands in this state
per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1;
provided, however, that such distributor has been operating and open to the public
pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior
to July 4 or December 31 in the year of an application for a license under subsection (c)
of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.
(E) A distributor licensed pursuant to subsection (e) of Code Section 25-10-5.1 may
operate up to three tents that meet the requirements of a temporary consumer fireworks
retail sales facility under the NFPA 1124, provided that:
(1) A Georgia based distributor shall operate at least two locations licensed pursuant to
subsection (b) of Code Section 25-10-5.1 and has been operating and open to the public
pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to
July 4 or December 31 in the year of an application for a license under subsection (e) of
Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31; or
(2) A non-Georgia based distributor shall be operating at least ten locations licensed
pursuant to subsection (b) of Code Section 25-10-5.1 which have been operating and
open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less
than 30 days prior to July 4 or December 31 in the year of an application for a license
under subsection (e) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or
December 31.
(C)(F) It shall be unlawful to sell consumer fireworks from any motor vehicle, or from
a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."
SECTION 3.
Said chapter is further amended in Code Section 25-10-5.1, relating to requirements for
issuance of license to distribute consumer fireworks and required sinage, by revising
subsection (c) and adding a new subsection to read as follows:
"(c)(1) The license fee for a distributor selling consumer fireworks from a temporary
consumer fireworks retail sales stand shall be $500.00 per location, payable to the
governing authority of the county, municipality, or other political subdivision of this state
in whose boundaries such temporary consumer fireworks retail sales stand shall be
located or is proposed to be located. Upon finding that a distributor has met the
requirements of subsection (a) of this Code section, has a license pursuant to subsection
(b) or (d) of this Code section, has no more than the allowable temporary consumer
fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2,
that the sales of consumer fireworks from such temporary consumer fireworks retail sales
stand shall accrue to the benefit of a nonprofit group, and upon payment of such license
fee, such license shall be issued by the fire department of the county, municipality, or
other political subdivision or the chartered fire department legally organized to operate
in this state pursuant to Chapter 3 of this title and having operational authority of the area
in which such temporary consumer fireworks retail sales stand shall be located or is
proposed to be located. Such license shall identify the temporary consumer fireworks
retail sales stand applicable to such license and shall expire on the next January 31 after
the issuance of such license.
(2) A determination by a fire department as provided for under paragraph (1) of this
subsection of whether a distributor has met requirements for the issuance of a license
pursuant to this subsection shall be made within 30 days of the submission of an
application for any such license. Such application shall be in writing and, if such fire
department provides for a written form for the application for a license pursuant to this
Code section, upon such form as may be provided by such fire department. If a
determination has not been made within the time provided for by this paragraph, or for
an appeal of a determination by such fire department, a distributor may seek review from
the judge of the probate court of the county of the location or proposed location of the
temporary consumer fireworks retail sales stand. Such judge may provide for the
issuance or nonissuance of a license and for the payment of license fees in such manner
as is consistent with the provisions of this subsection.
(3) For at least one of the temporary consumer fireworks retail sales stands provided for
under subparagraph (b)(6)(B) of Code Section 25-10-2, a nonprofit group benefiting from
the sale of consumer fireworks from such temporary consumer fireworks retail sales stand
shall directly participate in operating such temporary consumer fireworks retail sales
stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative
of a nonprofit group to knowingly lend the name of the nonprofit group or allow the
identity of the nonprofit group to be used for the license under this subsection if such
nonprofit group is not directly participating in operating, or benefiting from the operation
of, such temporary consumer fireworks retail sales stand.
(4)(3) The governing authority of a county, municipality, or other political subdivision
receiving fees pursuant to this Code section shall expend such fees for public safety
purposes.
(5)(4) A distributor licensed pursuant to this subsection shall submit a list of the names
and addresses, including the counties, of each temporary consumer fireworks retail sales
stand at which such distributor has consumer fireworks offered for sale pursuant to this
Code section to the Safety Fire Commissioner. Such list shall be submitted not less than
30 days prior to first having a temporary consumer fireworks retail sales stand facility at
which such distributor has consumer fireworks offered for sale and not less than 30 days
prior to having such distributor's consumer fireworks offered for sale at a location not
previously included on such list. The Safety Fire Commissioner shall make such list
publicly available for inspection. In making determinations as provided for under this
subsection, fire departments shall reference the list provided for by this paragraph.
(6)(5) A revocation or suspension of a license provided for under subsection (b) or (d)
of this Code section shall operate as a revocation or suspension of a distributor's license
under this subsection for the term of such revocation or suspension."
"(f)(1) The license fee for a distributor selling consumer fireworks from a temporary
consumer fireworks retail sales facility shall be $500.00 per location, payable to the
governing authority of the county, municipality, or other political subdivision of this state
in whose boundaries such temporary consumer fireworks retail sales facility shall be
located or is proposed to be located. Upon finding that a distributor has:
(A) Met the requirements of subsection (a) of this Code section;
(B) A license pursuant to subsection (b) or (d) of this Code section;
(C) No more than the allowable temporary consumer fireworks retail sales facilities
pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2; and
(D) Paid such license fee, such license shall be issued by the fire department of the
county, municipality, or other political subdivision or the chartered fire department
legally organized to operate in this state pursuant to Chapter 3 of this title and having
operational authority of the area in which such temporary consumer fireworks retail
sales facility shall be located or is proposed to be located. Such license shall identify
the temporary consumer fireworks retail sales facility applicable to such license and
shall expire on the next January 31 after the issuance of such license.
(2) A determination by a fire department as provided for under paragraph (1) of this
subsection regarding whether a distributor has met requirements for the issuance of a
license pursuant to this subsection shall be made within 30 days of the submission of an
application for any such license. Such application shall be in writing and, if such fire
department provides for a written form for the application for a license pursuant to this
Code section, upon such form as may be provided by such fire department. If a
determination on an application for licensure pursuant to this subsection or on an appeal
of a determination previously made by such fire department has not been made within the
time provided for by this paragraph, a distributor may seek review from the judge of the
probate court of the county of the location or proposed location of the temporary
consumer fireworks retail sales facility. Such judge may provide for the issuance or
nonissuance of a license and for the payment of license fees in such manner as is
consistent with the provisions of this subsection."
SECTION 4.
Said chapter is further amended in Code Section 25-10-9, relating to monetary penalties for
violation of chapter, as follows:
"25-10-9.
Notwithstanding any provision of this chapter to the contrary, the Safety Fire
Commissioner shall have the authority to subject any person, firm, corporation, association,
or partnership that violates this chapter to a monetary penalty of up to $2,500.00 for each
and every act in violation of this chapter; provided, however, that the Safety Fire
Commissioner shall have the authority to subject any person, firm, corporation, association,
or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane
structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,
corporation, association, or partnership is a distributor, then a license revocation for not
more than two years. Each sales transaction in violation of this chapter shall be a separate
offense."
SECTION 5.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties and municipal corporations, is amended by revising
subsection (e) of Code Section 36-60-24, relating to sale or use or ignition of consumer
fireworks products, as follows:
"(e) The governing authority of a county or municipal corporation shall not unreasonably
delay or deny an application for a temporary consumer fireworks retail sales stand."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A House committee substitute would let Georgia fireworks distributors sell from tents and other temporary structures again, creating a new licensed category called 'temporary consumer fireworks retail sales facilities' alongside existing sales stands and stores.
### Plain-language summary
Georgia currently regulates fireworks sales through licensed stores, permanent retail facilities, and temporary sales stands, and it bans selling fireworks from tents, canopies, or membrane structures. This bill rewrites parts of that law (O.C.G.A. Chapter 10 of Title 25) to remove the tent ban and instead create a new licensed category, the 'temporary consumer fireworks retail sales facility,' which can include tents that meet national fire safety standards (NFPA 1124).
Distributors could operate up to three of these temporary facilities if they already run at least two established Georgia locations (or, for out of state distributors, at least ten locations nationally) that have been open at least 30 days before July 4 or December 31. These temporary facilities must sit within 1,000 feet of a fire hydrant (or get a fire department waiver) and at least one mile from any permanent fireworks retail facility. The bill also drops the requirement that one temporary stand benefit and be operated by a nonprofit group, removes the enhanced $5,000 penalty and license revocation for illegal tent sales, and makes a matching change to a related county and municipal law (O.C.G.A. § 36-60-24).
### What it does
- Repeals Georgia's current ban on selling consumer fireworks from tents, canopies, or membrane structures.
- Creates a new licensed category, 'temporary consumer fireworks retail sales facility,' with its own $500 per-location license fee and application process.
- Removes the requirement that at least one temporary fireworks stand be operated by and benefit a nonprofit group.
- Eliminates the enhanced $5,000 penalty and up to two-year license revocation previously reserved for illegal tent sales.
- Requires temporary facilities to be at least 1,000 feet from a fire hydrant or fire department connection (absent a waiver) and at least one mile from any permanent fireworks retail facility.
- Sets minimum-location thresholds before a distributor can add temporary facilities: two Georgia locations for in-state distributors, ten locations for out-of-state distributors.
### Who it affects
Fireworks distributors and retailers, particularly those wanting to sell from tents or other temporary structures; county and municipal governments and their fire departments, which issue licenses and enforce distance rules; local fire departments and probate courts handling license disputes; and nonprofit groups that previously partnered with fireworks stands.
### Why it matters
If enacted, fireworks could again be legally sold from tents and similar temporary structures around holidays like the Fourth of July and New Year's, subject to fire-hydrant proximity rules and distance limits from permanent stores. Nonprofits would lose their guaranteed role in temporary stands, and violators of the tent rules would no longer face the higher $5,000 penalty.
### Key provisions
- Section 1 revises definitions in O.C.G.A. § 25-10-1, replacing the 'nonprofit group' definition with a new 'permanent consumer fireworks retail sales facility' definition and adding a 'temporary consumer fireworks retail sales facility' definition.
- Section 2 amends O.C.G.A. § 25-10-2 to allow sales from temporary consumer fireworks retail sales facilities, requiring compliance with NFPA 1124, fire hydrant proximity (or waiver), a one-mile buffer from permanent facilities, and removes the outright ban on tent sales.
- Section 2 also lets Georgia-based distributors with at least two established locations, or out-of-state distributors with at least ten locations, operate up to three temporary facilities per the 30-day pre-holiday operating rule.
- Section 3 amends O.C.G.A. § 25-10-5.1 to set a $500 per-location license fee for temporary facilities and removes the requirement that a nonprofit group directly participate in and benefit from at least one temporary stand.
- Section 4 amends the penalty provision (O.C.G.A. § 25-10-9), removing the enhanced $5,000 fine and up to two-year license revocation previously imposed for knowingly selling fireworks from a tent, canopy, or membrane structure.
- Section 5 makes a conforming change to O.C.G.A. § 36-60-24, still barring county and municipal governments from unreasonably delaying or denying applications for these sales facilities.
## Status
- Status: Introduced (2026-01-29)
- Last action: House Committee Favorably Reported By Substitute (2026-03-06)
- Sponsors: Alan Powell, Steve Tarvin, Jason Ridley, Rick Jasperse
- Official page: https://www.legis.ga.gov/legislation/72611
> The history, votes, and amendments (319 characters) are at https://georgiacommons.org/bills/2025-2026/hb1095.md?full=1