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

26 LC 64 0091S 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 to1 regulation of fireworks, so as to establish permanent consumer fireworks sales facilities; to2 establish temporary consumer fireworks sales facilities; to increase the number of temporary3 consumer retail fireworks sales facilities a distributor may operate; to provide for definitions;4 to revise penalties for violations of such chapter; to amend Ch apter 60 of Title 36 of the5 Official Code of Georgia Annotated, relating to general provisions applicable to counties and6 municipal corporations, so as to make conforming changes; to provide for related matters;7 to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of11 fireworks, is amended by revising subsection (a) of Code Sectio n 25-10-1, relating to12 definitions, as follows:13 "25-10-1.14 (a) As used in this chapter, the term:15 H. B. 1095 (SUB) - 1 - 26 LC 64 0091S (1) 'Consumer fireworks' means any small fireworks devices con taining restricted16 amounts of pyrotechnic composition, designed primarily to produ ce visible or audible17 effects by combustion, that comply with the construction, chemi cal composition, and18 labeling regulations of the United States Consumer Product Safe ty Commission as19 provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the20 United States Department of Transportation as provided for in Part 172 of Title 49 of the21 Code of Federal Regulations, and the American Pyrotechnics Association as provided for22 in the 2001 American Pyrotechnics Association Standard 87-1, an d additionally shall23 mean Roman candles.24 (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for25 by NFPA 1124; provided, however, that such term shall not inclu de a tent, canopy, or26 membrane structure.27 (3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for28 by NFPA 1124.29 (4) 'Distributor' means any person, firm, corporation, association, or partnership which30 sells consumer fireworks.31 (5) 'Electric plant' shall have the same meaning as provided for in Code Section 46-3A-1.32 (6) 'Fireworks' means any combustible or explosive composition or any substance or33 combination of substances or article prepared for the purpose of producing a visible or34 audible effect by combustion, explosion, deflagration, or deton ation, including blank35 cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles36 and explosives of like construction, as well as articles contai ning any explosive or37 flammable compound and tablets and other devices containing an explosive substance.38 (7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means39 any exhibition or display of fireworks, or any use of pyrotechn ic special effects, that40 occurs within a building or structu re or before an audience clo ser to the pyrotechnic41 devices than permitted by National Fire Protection Association Standard 1123, Code for42 H. B. 1095 (SUB) - 2 - 26 LC 64 0091S Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that43 such term shall not include the use of pyrotechnic special effects in television and motion44 picture production when no audience is present.45 (8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric46 oxygen to produce thermal, physical, visual, or audible phenomena before an audience47 or for use in motion picture and television production.48 (9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code49 for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and50 Pyrotechnic Articles, 2006 Edition.51 (10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)52 of the Internal Revenue Code of 1986, any entity incorporated u nder Chapter 3 of53 Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponso red organization of a54 public or private elementary or secondary school in this state. 'Permanent consumer55 fireworks retail sales facility' shall have the same meaning as provided for by NFPA56 1124; provided, however, that such term shall not include a tent, canopy, or membrane57 structure.58 (11) 'Personal and private use' means the use of consumer fire works for any activity59 other than any activity of a professional or commercial nature or for profit or commercial60 gain and intended, in particular, for household entertainment o r enjoyment for private61 gatherings.62 (12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display63 fireworks, consumer fireworks, or any combination thereof for a ny purpose relating to64 the amusement or entertainment of the public that does not occu r within a building or65 structure or before a proximate audience; provided, however, th at such term shall not66 include the private and personal use of consumer fireworks by the public.67 (13) 'Pyrotechnics' means fireworks not intended for use by the general public.68 H. B. 1095 (SUB) - 3 - 26 LC 64 0091S (14) 'Special effect' means an audible or visual effect create d for motion picture and69 television production through the use of flammable or combustib le liquids, flammable70 solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and71 devices.72 (15) 'Store' shall have the same meaning as provided for by NF PA 1124; provided,73 however, that such term shall only include such buildings with at least 4,000 square feet74 of retail display space and wherefrom:75 (A) No more than 25 percent of such retail display space is us ed for consumer76 fireworks and items or products as provided for under paragraph (2) of subsection (b)77 of this Code section; and78 (B) Other items or products which are not consumer fireworks or items or products as79 provided for under paragraph (2) of subsection (b) of this Code section are sold;80 and provided, further, that such term means a person, firm, corporation, association, or81 partnership with more than one mercantile location, where all such mercantile locations82 are collectively known to the public by the same name or share central management.83 (16) 'Temporary consumer fireworks retail sales facility' shal l have the same meaning84 as provided for by NFPA 1124.85 (16)(17) 'Waste-water treatment plant' shall have the same meaning as provided for in86 Code Section 43-51-2.87 (17)(18) 'Water treatment plant' shall have the same meaning as provid ed for in Code88 Section 43-51-2."89 SECTION 2.90 Said chapter is further amended in Code Section 25-10-2, relati ng to prohibited fireworks91 activities and application of noise ordinance, by revising paragraph (6) of subsection (b) as92 follows:93 H. B. 1095 (SUB) - 4 - 26 LC 64 0091S "(6)(A) It shall be lawful to sell consumer fireworks from a pe rmanent consumer94 fireworks retail sales facility or store only if such permanent consumer fireworks retail95 sales facility or store is:96 (i) In compliance with the requirements for such a permanent c onsumer fireworks97 retail sales facility or store in the selling of consumer firew orks as provided for in98 NFPA 1124; and99 (ii) Selling consumer fireworks of a distributor licensed purs uant to subsection (b)100 or (d) of Code Section 25-10-5.1.101 (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks102 retail sales stand only if such temporary consumer fireworks retail sales stand is:103 (i) In compliance with the requirements for such a temporary consumer fireworks104 retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;105 (ii) Within 1,000 feet of a fire hydrant of a county, municipa lity, or other political106 subdivision or a fire department connection of a building affil iated with such107 consumer fireworks retail sales stand, unless the chief adminis trative officer of the108 fire department of a county, municipality, or other political subdivision or chartered109 fire department legally organized to operate in this state pursuant to Chapter 3 of this110 title and having operational authority over such location of the temporary consumer111 fireworks retail sales stand provides in writing that such temp orary consumer112 fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant113 or fire department connection; and114 (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c)115 of Code Section 25-10-5.1.116 (C) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks117 retail sales facility only if such temporary consumer fireworks retail sales facility is:118 H. B. 1095 (SUB) - 5 - 26 LC 64 0091S (i) In compliance with the requirements for such a temporary c onsumer fireworks119 retail sales facility in the selling of consumer fireworks as p rovided for in NFPA120 1124;121 (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political122 subdivision or a fire department connection of a building affil iated with such123 consumer fireworks retail sales facility, unless the chief administrative officer of the124 fire department of a county, municipality, or other political subdivision or chartered125 fire department legally organized to operate in this state pursuant to Chapter 3 of this126 title and having operational authority over such location of the temporary consumer127 fireworks retail sales facility provides in writing that such t emporary consumer128 fireworks retail sales facility may operate in excess of 1,000 feet from such fire129 hydrant or fire department connection;130 (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (e)131 of Code Section 25-10-5.1; and132 (iv) Not located within one mile of a permanent consumer retail sales facility that is133 used primarily for the retail display and sale of consumer fireworks to the public.134 (D) A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may135 operate no more than two temporary consumer fireworks retail sales stands in this state136 per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1;137 provided, however, that such distributor has been operating and open to the public138 pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior139 to July 4 or December 31 in the year of an application for a license under subsection (c)140 of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.141 (E) A distributor licensed pursuant to subsection (e) of Code Section 25-10-5.1 may142 operate up to three tents that meet the requirements of a temporary consumer fireworks143 retail sales facility under the NFPA 1124, provided that:144 H. B. 1095 (SUB) - 6 - 26 LC 64 0091S (1) A Georgia based distributor shall operate at least two locations licensed pursuant to145 subsection (b) of Code Section 25-10-5.1 and has been operating and open to the public146 pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to147 July 4 or December 31 in the year of an application for a license under subsection (e) of148 Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31; or149 (2) A non-Georgia based distributor shall be operating at leas t ten locations licensed150 pursuant to subsection (b) of Code Section 25-10-5.1 which have been operating and151 open to the public pursuant to subsection (b) or (d) of Code Se ction 25-10-5.1 no less152 than 30 days prior to July 4 or December 31 in the year of an a pplication for a license153 under subsection (e) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or154 December 31.155 (C)(F) It shall be unlawful to sell consumer fireworks from any motor vehicle, or from156 a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."157 SECTION 3.158 Said chapter is further amended in Code Section 25-10-5.1, rela ting to requirements for159 issuance of license to distribute consumer fireworks and requir ed sinage, by revising160 subsection (c) and adding a new subsection to read as follows:161 "(c)(1) The license fee for a distributor selling consumer fire works from a temporary162 consumer fireworks retail sales stand shall be $500.00 per loca tion, payable to the163 governing authority of the county, municipality, or other political subdivision of this state164 in whose boundaries such temporary consumer fireworks retail sales stand shall be165 located or is proposed to be located. Upon finding that a dist ributor has met the166 requirements of subsection (a) of this Code section, has a license pursuant to subsection167 (b) or (d) of this Code section, has no more than the allowable temporary consumer168 fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2,169 that the sales of consumer fireworks from such temporary consumer fireworks retail sales170 H. B. 1095 (SUB) - 7 - 26 LC 64 0091S stand shall accrue to the benefit of a nonprofit group, and upon payment of such license171 fee, such license shall be issued by the fire department of the county, municipality, or172 other political subdivision or the chartered fire department legally organized to operate173 in this state pursuant to Chapter 3 of this title and having operational authority of the area174 in which such temporary consumer fireworks retail sales stand shall be located or is175 proposed to be located. Such license shall identify the tempor ary consumer fireworks176 retail sales stand applicable to such license and shall expire on the next January 31 after177 the issuance of such license.178 (2) A determination by a fire department as provided for under paragraph (1) of this179 subsection of whether a distributor has met requirements for th e issuance of a license180 pursuant to this subsection shall be made within 30 days of the submission of an181 application for any such license. Such application shall be in writing and, if such fire182 department provides for a written form for the application for a license pursuant to this183 Code section, upon such form as may be provided by such fire de partment. If a184 determination has not been made within the time provided for by this paragraph, or for185 an appeal of a determination by such fire department, a distributor may seek review from186 the judge of the probate court of the county of the location or proposed location of the187 temporary consumer fireworks retail sales stand. Such judge may provide f o r t h e188 issuance or nonissuance of a license and for the payment of license fees in such manner189 as is consistent with the provisions of this subsection.190 (3) For at least one of the temporary consumer fireworks retail sales stands provided for191 under subparagraph (b)(6)(B) of Code Section 25-10-2, a nonprofit group benefiting from192 the sale of consumer fireworks from such temporary consumer fireworks retail sales stand193 shall directly participate in operating such temporary consumer fireworks retail sales194 stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative195 of a nonprofit group to knowingly lend the name of the nonprofi t group or allow the196 identity of the nonprofit group to be used for the license unde r this subsection if such197 H. B. 1095 (SUB) - 8 - 26 LC 64 0091S nonprofit group is not directly participating in operating, or benefiting from the operation198 of, such temporary consumer fireworks retail sales stand.199 (4)(3) The governing authority of a county, municipality, or other political subdivision200 receiving fees pursuant to this Code section shall expend such fees for public safety201 purposes.202 (5)(4) A distributor licensed pursuant to this subsection shall submit a list of the names203 and addresses, including the counties, of each temporary consumer fireworks retail sales204 stand at which such distributor has consumer fireworks offered for sale pursuant to this205 Code section to the Safety Fire Commissioner. Such list shall be submitted not less than206 30 days prior to first having a temporary consumer fireworks retail sales stand facility at207 which such distributor has consumer fireworks offered for sale and not less than 30 days208 prior to having such distributor's consumer fireworks offered f or sale at a location not209 previously included on such list. The Safety Fire Commissioner shall make such list210 publicly available for inspection. In making determinations as provided for under this211 subsection, fire departments shall reference the list provided for by this paragraph.212 (6)(5) A revocation or suspension of a license provided for under subsection (b) or (d)213 of this Code section shall operate as a revocation or suspension of a distributor's license214 under this subsection for the term of such revocation or suspension."215 "(f)(1) The license fee for a distributor selling consumer fire works from a temporary216 consumer fireworks retail sales facility shall be $500.00 per l ocation, payable to the217 governing authority of the county, municipality, or other political subdivision of this state218 in whose boundaries such temporary consumer fireworks retail sa les facility shall be219 located or is proposed to be located. Upon finding that a distributor has:220 (A) Met the requirements of subsection (a) of this Code section;221 (B) A license pursuant to subsection (b) or (d) of this Code section;222 (C) No more than the allowable temporary consumer fireworks re tail sales facilities223 pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2; and224 H. B. 1095 (SUB) - 9 - 26 LC 64 0091S (D) Paid such license fee, such license shall be issued by the fire department of the225 county, municipality, or other political subdivision or the cha rtered fire department226 legally organized to operate in this state pursuant to Chapter 3 of this title and having227 operational authority of the area in which such temporary consu mer fireworks retail228 sales facility shall be located or is proposed to be located. Such license shall identify229 the temporary consumer fireworks retail sales facility applicab le to such license and230 shall expire on the next January 31 after the issuance of such license.231 (2) A determination by a fire department as provided for under paragraph (1) of this232 subsection regarding whether a distributor has met requirements for the issuance of a233 license pursuant to this subsection shall be made within 30 days of the submission of an234 application for any such license. Such application shall be in writing and, if such fire235 department provides for a written form for the application for a license pursuant to this236 Code section, upon such form as may be provided by such fire de partment. If a237 determination on an application for licensure pursuant to this subsection or on an appeal238 of a determination previously made by such fire department has not been made within the239 time provided for by this paragraph, a distributor may seek review from the judge of the240 probate court of the county of the location or proposed locatio n of the temporary241 consumer fireworks retail sales facility. Such judge may provi de for the issuance or242 nonissuance of a license and for the payment of license fees in such manner as is243 consistent with the provisions of this subsection."244 SECTION 4.245 Said chapter is further amended in Code Section 25-10-9, relating to monetary penalties for246 violation of chapter, as follows:247 H. B. 1095 (SUB) - 10 - 26 LC 64 0091S "25-10-9.248 Notwithstanding any provision of this chapter to the contrary, the Safety Fire249 Commissioner shall have the authority to subject any person, firm, corporation, association,250 or partnership that violates this chapter to a monetary penalty of up to $2,500.00 for each251 and every act in violation of this chapter; provided, however, that the Safety Fire252 Commissioner shall have the authority to subject any person, firm, corporation, association,253 or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane254 structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,255 corporation, association, or partnership is a distributor, then a license revocation for not256 more than two years. Each sales transaction in violation of this chapter shall be a separate257 offense."258 SECTION 5.259 Chapter 60 of Title 36 of the Official Code of Georgia Annotate d, relating to general260 provisions applicable to counties and municipal corporations, i s amended by revising261 subsection (e) of Code Section 36-60-24, relating to sale or us e or ignition of consumer262 fireworks products, as follows:263 "(e) The governing authority of a county or municipal corporation shall not unreasonably264 delay or deny an application for a temporary consumer fireworks retail sales stand."265 SECTION 6.266 All laws and parts of laws in conflict with this Act are repealed.267 H. B. 1095 (SUB) - 11 -