Rule 120-3-22-.10 - Licensing Requirements for Distributors of Consumer Fireworks(1) An applicant for a fireworks distributor license must submit a completed application before a license will be issued.(2) An application for initial license or annual license renewal must be received by the State Fire Marshal's office and contain the following items before the license application will be considered complete: (a) The appropriate application on a form prescribed by the Commissioner;(b) Proper identification showing that said applicant is at least 18 years of age;(c) Proof of a valid public liability and product liability insurance policy which provides coverage limits of at least $2 million to cover losses, damages, or injuries which might result from the selling of consumer fireworks and which is provided by an insurer authorized to do business in Georgia or procured through a surplus line broker licensed to pursuant to Title 33;(d) The appropriate license fee as required by Code Sections 25-10-5.1(b)(1) or 25-10-5.1(d)(1), whichever is applicable, payable to the Safety Fire Commissioner; and(e) Documentation, in the form of an inspection report on a form approved by the State Fire Marshal, that an inspection has been conducted by a qualified individual indicating the consumer fireworks retail sales facility or consumer fireworks retail sales store for which an application for license has been received meets the minimum fire safety and construction requirements of the 2006 edition of the National Fire Protection Association (NFPA) 1124 entitled, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles and as modified herein this chapter. An application for initial license or annual license renewal for distributors selling consumer fireworks from a store shall identify each store location to which an initial or annual license is applicable; and(f) Signed and notarized Citizenship Affidavit Form (GID-276-EN); and(g) A copy of the front and back of a secure and verifiable form of identification (list of acceptable forms can be found on the Commissioner's website)(3) The initial license fee for a fireworks distributor license for a consumer fireworks retail sales facility or wholesale distribution facility shall be $5,000.00, payable to the Safety Fire Commissioner. Such initial license shall expire on January 31 of the year after such initial license was issued or as provided for in O.C.G.A. Section 25-10-5.1(b)(2).(4) The annual renewal license fee for a fireworks distributor license for a consumer fireworks retail sales facility or wholesale distribution facility shall be $1,000.00, payable to the Safety Fire Commissioner. Such annual license shall expire on January 31 of the year after such annual license was issued or as provided for in O.C.G.A. Section 25-10-5.1(b)(2).(5) The initial license fee for a fireworks distributor license for a store shall be $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner. Additional store locations may be added to the initial license prior to the expiration of such license upon payment of $250.00 per added store location. The initial license shall expire on January 31 of the year after the initial license was issued or as provided for in O.C.G.A. Section 25-10-5.1(d)(1).(6) The annual renewal license fee for a fireworks distributor license for a store shall be $1,000.00 in addition to $100.00 per store location, payable to the Safety Fire Commissioner. Additional store locations may be added to the annual license prior to the expiration of such license upon payment of $250.00 per added store location. The annual license shall expire on January 31 of the year after the annual license was issued or as provided for in O.C.G.A. Section 25-10-5.1(d)(2).(7) A distributor shall submit a completed application for annual renewal of license by December 1 in the year preceding the expiration date of such initial or annual license. When an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year.(8) A fireworks distributor license shall be nontransferable.(9) A fireworks distributor license shall be void upon a change in the ownership or upon a change of location of the consumer fireworks retail sales facility or store location.Ga. Comp. R. & Regs. R. 120-3-22-.10
O.C.G.A. §§ 25-2-4, 25-2-16, 25-10-5.1.
Original Rule entitled "Compliance With Rules and Regulations; Penalties"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-.10 adopted. F. and eff. June 10, 2003, the date of adoption.Amended: ER. 120-3-22-0.3-.10 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 entitled "Registration of Retail Chain Locations"adopted. F. July 24, 2015; eff. August 13, 2015.Amended: New title "Licensing Requirements for Distributors of Consumer Fireworks."F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.