Rule 120-3-22-.11 - Sales of Consumer Fireworks(1) Except as provided for herein, the sale of consumer fireworks at retail or wholesale locations shall be permitted only after the seller has obtained a fireworks distributor license.(2) The fireworks distributor license shall be posted at a prominent location within each location which sells consumer fireworks(3) The wholesale sale of consumer fireworks shall be conducted from a distribution facility as defined in NFPA 1124, 2006 edition entitled, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, and shall not be conducted from a consumer fireworks retail sales facility, store, or temporary stand.(4) A consumer fireworks retail sales facility or store shall meet 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. In accordance with the International Building Code (IBC), consumer fireworks retail sales facilities and stores having a maximum quantity of consumer fireworks on hand exceeding 500 pounds gross packaged product weight shall have installed an NFPA 13 compliant automatic sprinkler system designed as an Ordinary Hazard Group 2 hazard facility. Where consumer fireworks retail sales facilities and stores have both a maximum quantity of consumer fireworks on hand exceeding 500 pounds gross packaged product weight and a ceiling height exceeding 16 feet, the required NFPA 13 compliant automatic sprinkler system shall be designed as an Extra Hazard Group 1 hazard facility.(5) It shall be unlawful for any person, firm, corporation, association, or partnership to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age.(6) Any person selling any consumer fireworks at the consumer fireworks retail sales facility or store shall be at least 18 years of age; provided however, it shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail any consumer fireworks, provided that such person is serving as an assistant to a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand or the nonprofit group directly participating in the operation of a temporary consumer fireworks retail sales stand.(7) The holder of a wholesale consumer fireworks distributor license shall provide to the Commissioner the names and addresses of all fireworks retailers located in the State of Georgia to which that license holder sells consumer fireworks.Ga. Comp. R. & Regs. R. 120-3-22-.11
O.C.G.A. §§ 25-2-4, 25-2-16, 25-10-2.
Original Rule entitled "Severability"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-.11 entitled "Forms"adopted. F. and eff. June 10, 2003, the date of adoption.Amended: ER. 120-3-22-0.3-.11 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 "Sales of Consumer Fireworks"adopted. F. July 24, 2015; eff. August 13, 2015.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.