Rule 120-3-22-.02 - DefinitionsThe definitions contained herein are in addition to and in clarification of the definitions contained in the adopted codes and standards.
(1) "Commissioner"means the Georgia Safety Fire Commissioner.(2) "Consumer fireworks"shall have the same meaning as set forth in O.C.G.A. § 25-10-1(a)(1). Consumer fireworks do not include those items listed in O.C.G.A. § 25-10-1(b).(3) "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.(4) "Distributor"means any person, firm, corporation, association, or partnership which sells consumer fireworks directly to the consumer or to other distributors.(5) "Fireworks distributor license"means the license issued by the Safety Fire Commissioner that a distributor must maintain in order to legally sell consumer fireworks.(6) "Fireworks or Pyrotechnics Exhibitions or Displays 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 NFPA 1123, Code for Fireworks Display.(7) "NFPA"means the National Fire Protection Association.(8) "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 school or secondary school in the state.(9) "Person"means any individual, firm, partnership, corporation, company, association, joint stock association, and any trustee, receiver, assignee, or personal representative thereof.(10) "Proper Identification"means a document issued by a governmental agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth, including a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104.(11) "Public exhibition or display of fireworks"means the use of pyrotechnics, display fireworks, consumer fireworks, or any combination of these 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 that such term shall not include the private, personal use of consumer fireworks by the public.(12) "Qualified Individual"means an individual including but not limited to a Georgia registered architect, a Georgia registered fire protection engineer, a Georgia registered professional engineer, a local building official, a local fire official, an individual certified as a Georgia certified fire inspector or an individual who has a national certification from a national codes organization acceptable to the State Fire Marshal.(13) "State Fire Marshal"means the State Fire Marshal of Georgia or his or her designee.(14) "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 that 25 percent of the retail display space is used for consumer fireworks and items or products as provided for under O.C.G.A. § 25-10-1(b); and(b) Other items or products which are not consumer fireworks or items or products as provided for under O.C.G.A. § 25-10-1(b) 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.(15) "Wholesale"means the sale of consumer fireworks within the State of Georgia for resale by others.Ga. Comp. R. & Regs. R. 120-3-22-.02
O.C.G.A. §§ 25-2-4, 25-2-16, 25-10-5.
Original Rule entitled "Definitions"adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency.Repealed: New Rule of same title adopted. F. July 23, 1998; eff. August 12, 1998.Amended: ER. 120-3-22-0.2-.02 adopted. F. and eff. June 10, 2003, the date of adoption.Amended: ER. 120-3-22-0.3-.02 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: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.