Rule 120-3-22-.08. State Minimum Fire Safety Codes and Standards

Unless otherwise stated in this Chapter, the following editions of the codes, standards, recommended practices, guides and methods, as published in the National Fire Codes (NFC) by the National Fire Protection Association (NFPA), as adopted and modified herein shall be the State's minimum fire safety standards related to the manufacturing, storage, transportation, and use of display fireworks and consumer fireworks, the retail sales of consumer fireworks, fireworks or pyrotechnics exhibitions and displays, and the use of flame effects before a proximate audience.

1. (1) NFPA 160, 2021 Edition, Standard for the Use of Flame Effects Before a Proximate Audience Modifications:

   1. (a) Modifications to Chapter 5:

      1. 1. Delete subsection 5.1.1 in its entirety and substitute in its place the following:

         5.1.1

         Permit Required. A permit issued by the authority having jurisdiction shall be required for the use of flame effects before a proximate audience or within any building or structure.

2. (2) NFPA 1123, 2022 Edition, Code for Fireworks Display Modifications:

   1. (a) Modifications to Chapter 3:

      1. 1. Delete subsection 3.3.15 in its entirety and substitute in its place the following:

         3.3.15

         Fireworks. 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, torpedoes, 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. The term 'fireworks' shall not include: (a) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and, (b) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party peppers, string peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81 explosive mixture.

      2. 2. Delete subsection 3.3.15.1 in its entirety and substitute in its place the following:

         3.3.15.1

         Consumer Fireworks. 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. The term 'consumer fireworks' shall not include: (a) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and, (b) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party peppers, string peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81 explosive mixture.

      3. 3. Delete subsection 3.3.15.2 in its entirety and substitute in its place the following:

         3.3.15.2

         Display Fireworks. Any large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as set forth in Part 555 of Title 27 of the Code of Federal Regulations, Part 172 of Title 49 of the Code of Federal Regulations, and American Pyrotechnics Association Standard 87-1. Display fireworks are described as Fireworks, UN0335 and are classified as Explosives, 1.3G by the U.S. Department of Transportation.

   2. (b) Modifications to Chapter 8:

      1. 1. Add a new paragraph 8.1.3.6 to read as follows:

         8.1.3.6

         The operator shall be present and shall personally supervise all phases of the public exhibition or display of fireworks.

      2. 2. Add a new subsection 8.1.9.3 to read as follows:

         8.1.9.3

         The pyrotechnics operator shall be present and shall personally supervise all phases of the public exhibition or display of fireworks.

   3. (c) Modifications to Chapter 10:

      1. 1. Delete subsection 10.1.1 in its entirety and substitute in its place the following:

         10.1.1

         The operator shall be at least 21 years old and shall submit to the Commissioner at least one of the following: (a) Proof of the successful completion of a written examination approved and administered by the Commissioner of applicable laws, regulations, codes and standards pertaining to the transportation, storage, handling, and discharge of fireworks for the purpose of conducting a public exhibition or display of fireworks, or (b) Licensure for fireworks displays by another state which administers a competency test accepted by the Commissioner, or (c) Other training, testing or experience acceptable to the Commissioner. Delete subsection 10.1.2 in its entirety and substitute in its place the following:

         10.1.2

         Upon finding that an individual has met the requirements of subsection 10.1.1, the Commissioner may issue a competency card certifying the individual's qualification as an operator or assistant.

      2. 2. Delete section 10.2 in its entirety and substitute in its place the following:

         10.2	All assistants shall be at least 18 years old and shall provide the Commissioner with a statement of the operator's satisfaction as to the qualifications of that assistant.

      3. 3. Delete subsection 10.3.1 in its entirety and substitute in its place the following:

         10.3.1

         Prior to performing the public exhibition or display of fireworks, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall obtain a permit issued by the local fire authority of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 Title 25 and having operational authority of the area in which the public exhibition or display of fireworks is to be held.

      4. 4. Delete subsection 10.3.2 in its entirety and substitute in its place the following:

         10.3.2

         The application for a permit shall be submitted on a form approved by the local fire authority and shall include at a minimum the following: (a) Proof of a license to conduct public exhibitions or displays of fireworks issued by the Commissioner pursuant to O.C.G.A. 25-10-3.2(b) and; (b) Evidence that the public exhibition or display of fireworks is in compliance with all applicable codes, and; (c) Proof of a bond in the principal sum of $50,000.00, payable to the county, municipality, or other political subdivision in which the public exhibition or display of fireworks is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the public exhibition or display of fireworks or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate and; (d) Any additional information that the local fire authority may require to determine compliance.

      5. 5. Delete subsection 10.3.4 in its entirety and substitute in its place the following:

         10.3.4

         Applications for a permit must be submitted to the local fire authority no less than ten (10) days prior to the date of the proposed public exhibition or display of fireworks.

3. (3) NFPA 1124, 2006 Edition, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles Modifications:

   1. (a) Modifications to Chapter 7:

      1. 1. Add a new subsection 7.3.25 to read as follows:

         7.3.25

         Required Signs

      2. 2. Add a new paragraph 7.3.25.1 to read as follows:

         7.3.25.1

         Every licensed distributor selling consumer fireworks shall have within the retail display area for consumer fireworks at least one sign which reads as follows: PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR IGNITING CONSUMER FIREWORKS PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR AFFIXED CAUTION AND WARNING LABELS PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND OTHER PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC

      3. 3. Add a new subparagraph 7.3.25.1.1 to read as follows:

         7.3.25.1.1

         Such signs shall be at least 22 inches by 28 inches in size, be printed in at least 40 point boldface type in a color contrasting from such sign's background color, and kept free from obstruction and in plain sight of customers.

      4. 4. Add a new paragraph 7.3.25.2 to read as follows:

         7.3.25.2

         Signs shall be posted throughout the retail display area and shall read: Pursuant to O.C.G.A. § 25-10-2, it is unlawful to: (a) Sell consumer fireworks to any person under 18 years of age. Persons purchasing consumer fireworks must provide the seller proper identification at the time of purchase. (b) Use consumer fireworks indoors or within the right of way of a public road, street, highway, or railroad of this state. (c) Use or ignite, possess, and transport consumer fireworks by any person under 18 years of age.

4. (4) NFPA 1126, 2021 Edition, Standard for the Use of Pyrotechnics before a Proximate Audience Modifications:

   1. (a) Modifications to Chapter 3:

      1. 1. Delete subsection 3.3.39 in its entirety and substitute in its place the following:

         3.3.43

         Proximate Audience. An audience closer to pyrotechnic devices than permitted by NFPA 1123, Code for Fireworks Display or an audience within a building or structure where pyrotechnic devices are used.

   2. (b) Modifications to Chapter 6:

      1. 1. Add a new subsection 6.1.5 to read as follows:

         6.1.5

         Prior to performing the fireworks or pyrotechnics exhibition or display before a proximate audience, any person, firm, corporation, association, or partnership desiring to conduct a fireworks or pyrotechnics exhibition or display before a proximate audience shall obtain a permit issued by the local fire authority 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 Title 25 and having operational authority of the area in which the fireworks or pyrotechnics exhibition or display before a proximate audience is to be held.

      2. 2. Add a new subsection 6.1.6 to read as follows:

         6.1.6

         The application for a permit shall be made on a form approved by the local fire authority and shall include at a minimum the following: (a) Proof of a license to conduct fireworks or pyrotechnics exhibition or display before a proximate audience issued by the Commissioner pursuant to O.C.G.A. 25-10-3.2(a), and; (b) Evidence that the fireworks or pyrotechnics exhibition or display before a proximate audience is in compliance with all applicable codes, and; (c) Proof of a bond in the principal sum of $50,000.00, payable to the county, municipality, or other political subdivision in which the fireworks or pyrotechnics exhibition or display before a proximate audience is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the fireworks or pyrotechnics exhibition or display before a proximate audience or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, and; (d) Any additional information that the local fire authority may require to determine compliance.

      3. 3. Add a new subsection 6.1.7 to read as follows:

         6.1.7

         Applications for a permit must be submitted to the local fire authority no less than ten (10) days prior to the date of the proposed fireworks or pyrotechnics exhibition or display before a proximate audience.

      4. 4. Delete subsection 6.5.1 in its entirety and substitute in its place the following:

         6.5.1

         All pyrotechnic operators shall be at least 21 years old and shall submit to the Commissioner at least one of the following: (a) Proof of the successful completion of a written examination approved and administered by the Commissioner of applicable laws, regulations, codes and standards pertaining to the transportation, storage, handling, and discharge of fireworks or pyrotechnics for the purpose of conducting a fireworks or pyrotechnics exhibition or display before a proximate audience, or (b) Licensure for fireworks or pyrotechnics exhibitions or displays before a proximate audience by another state which administers a competency test accepted by the Commissioner, or (c) Other training, testing, or experience acceptable to the Commissioner.

      5. 5. Delete paragraph 6.5.1.1 in its entirety and substitute in its place the following:

         6.5.1.1

         Upon finding that an individual has met the requirements of subsection 6.5.1, the Commissioner may issue a competency card certifying the individual's qualification as an operator or assistant.

      6. 6. Delete paragraph 6.5.1.2 in its entirety without substitution.
      7. 7. Delete subsection 6.5.2 in its entirety and substitute in its place the following:

         6.5.2

         All assistants shall be at least 18 years old and shall provide the Commissioner with a statement of the operator's satisfaction as to the qualifications of that assistant.

   3. (c) Modifications to Chapter 8:

      1. 1. Add a new subsection 8.6.7 to read as follows:

         8.6.7

         The pyrotechnics operator shall be present and shall personally supervise all phases of the proximate audience display or exhibition.

5. (5) International Fire Code (IFC)

   1. (a) Refer to Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

Authority: O.C.G.A. §§ 25-2-4, 25-2-13, 25-2-16, 25-10-5, 33-2-9, 50-13-21.

History. Original Rule entitled "Modifications, Additions and Deletions to Adopted Codes and Standards" adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency.

Amended: F. Oct. 26, 1992; eff. Nov. 15, 1992.

Repealed: New Rule of same title adopted. F. July 23, 1998; eff. August 12, 1998.

Amended: ER. 120-3-22-0.2-.08 entitled "Licensing and Permit Requirements for Fireworks or Pyrotechnics Displays" adopted. F. and eff. June 10, 2003, the date of adoption.

Amended: ER. 120-3-22-0.3-.08 entitled "Licensing Requirements for Fireworks or Pyrotechnics Displays Before a Proximate Audience" adopted. F. and eff. Oct. 8, 2003, the date of adoption.

Amended: Permanent Rule adopted. F. Jan. 16, 2004; eff. Feb. 5, 2004.

Repealed: New Rule of the same title adopted. F. July 24, 2015; eff. August 13, 2015.

Amended: New title "State Minimum Fire Safety Codes and Standards." F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.

Amended: F. June 25, 2025; eff. July 15, 2025.