HB1095: HB1095 Fire protection and safety; establish permanent consumer fireworks sales facilities

Georgia currently regulates fireworks sales through permanent retail facilities, stores, and temporary sales stands under Chapter 10 of Title 25 of state law. This substitute bill adds a new category called a "temporary consumer fireworks retail sales facility," essentially a licensed tent-based operation, and spells out separate rules for it alongside the existing permanent facilities and temporary stands. The bill sets a $500 per-location license fee for these new temporary facilities, paid to the local government where they operate, and requires county or city fire departments to act on applications within 30 days. It also lets fireworks distributors operate more temporary stands and, for a new group of distributors, up to three tents, tied to how many established locations they already run. Temporary facilities must sit within 1,000 feet of a fire hydrant unless a fire official waives that, and at least one mile from a permanent fireworks retail facility. Penalties for illegal sales rise to as much as $5,000, plus possible license revocation, for selling out of a tent, canopy, or membrane structure without following these new rules. A related change to Title 36 tells local governments they cannot unreasonably delay or deny applications for temporary sales stands.

• Creates a new legal category, the "temporary consumer fireworks retail sales facility" (a licensed tent operation), separate from existing permanent facilities and stands.
• Sets a $500 per-location license fee for these new temporary facilities, payable to the county, city, or other local government where they operate.
• Allows distributors to operate up to three tents meeting the new facility standard, based on how many permanent locations they already run in Georgia or elsewhere.
• Requires new temporary facilities to be within 1,000 feet of a fire hydrant (unless waived by a fire official) and at least one mile from a permanent fireworks retail facility.
• Raises the penalty for knowingly selling fireworks from an unauthorized tent, canopy, or membrane structure to up to $5,000, with possible license revocation for up to two years.
• Requires county and city fire departments to decide on temporary facility license applications within 30 days and bars local governments from unreasonably delaying or denying stand applications.

Fireworks distributors and retailers, especially those running temporary tent sales during the July 4 and December 31 selling seasons; nonprofit groups that benefit from temporary stand sales; county and municipal fire departments that issue licenses; and local governments that collect license fees and review applications.

The changes could let more temporary fireworks operations, particularly tents, open each year while adding stricter safety spacing and licensing rules. Distributors would gain more room to expand seasonal sales, local fire departments would face new licensing deadlines, and violators would face steeper fines for unauthorized tent sales.

• Section 1 revises definitions in O.C.G.A. § 25-10-1, adding "temporary consumer fireworks retail sales facility" and clarifying "permanent consumer fireworks retail sales facility" as terms distinct from existing sales stands and stores.
• Section 2 amends O.C.G.A. § 25-10-2 to set separate legal requirements for permanent facilities, temporary stands, and the new temporary facilities, including fire hydrant proximity and a one-mile buffer from permanent facilities.
• Section 2 also lets distributors run up to two temporary stands per licensed location, and up to three tents for distributors meeting minimum location or operating history requirements.
• Section 3 amends O.C.G.A. § 25-10-5.1 to set a $500 per-location license fee for temporary facilities and require fire departments to rule on applications within 30 days.
• Section 4 raises the general penalty ceiling to $2,500 per violation and sets a $5,000 penalty plus up to two years of license revocation for knowingly selling from an unauthorized tent, canopy, or membrane structure under O.C.G.A. § 25-10-9.
• Section 5 amends O.C.G.A. § 36-60-24 to bar local governments from unreasonably delaying or denying applications for temporary fireworks sales stands.
• Section 6 repeals conflicting laws.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2026-03-04House Withdrawn, Recommitted (House)
3. 2026-02-18House Committee Favorably Reported By Substitute (House)
4. 2026-02-03House Second Readers (House)
5. 2026-02-02House First Readers (House)
6. 2026-01-29House Hopper (House)

• Alan Powell (R, HD-033)Primary sponsor
• Steve Tarvin (R, HD-002)
• Jason Ridley (R, HD-006)
• Rick Jasperse (R, HD-011)

• fireworks regulation
• fire safety
• business licensing
• local government
• consumer sales