Ala. Code § 8-17-210

Current through the 2024 Regular Session.

Section 8-17-210 - Definitions

As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise:

(1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5.

(2) ANNUAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within this state throughout the entire calendar year from January 1 through December 31.

(3) APA 87-1. The 2001 American Pyrotechnics Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.

(4) AUDIBLE GROUND DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in APA 87-1, Section 3.1.3.

(5) DISTRIBUTOR. Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn resells to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit.

(6) D.O.T. CLASS C CONSUMER FIREWORKS. All articles of fireworks as are now or hereafter classified as D.O.T. Class C 1.4G Consumer fireworks in the regulations of the U.S. Department of Transportation for the transportation of explosive and other dangerous articles, including aerial devices and audible ground devices.

(7) FIREWORKS SEASONS. The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks.

(8) MANUFACTURER. Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama.

(9) NFPA 1123. The National Fire Protection Association Code for Fireworks Display, as adopted by the State Fire Marshal.

(10) NOVELTIES. Any device listed in APA 87-1, Section 3.2, including, without limitation, the following:

a. Party poppers.

b. Snappers.

c. Toy smoke devices.

d. Snake, glow worms.

e. Wire sparklers, dipped sticks.

(11) PERMIT. The written authority of the State Fire Marshal issued under the authority of this article.

(12) PERSON. Includes any corporation, association, copartnership, or one or more individuals.

(13) SALE. An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each transaction made by any person, whether as principal proprietor, salesperson, agent, association, copartnership, or one or more individuals.

(14) SEASONAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands.

(15) SPARKLING DEVICES. Handheld or ground based sparkling devices that are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes and other sparkling devices that emit showers of sparks and sometimes a whistling, spinning, or crackling effect when burning, but does not include aerial devices, audible ground devices, or anything that will detonate or explode.

(16) SPECIAL FIREWORKS. All articles of fireworks that are classified as Class B 1.3G fireworks in the regulations of the U.S. Department of Transportation, including all articles classified as fireworks other than those classified as Class C.

(17) WHOLESALER. Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail.

Ala. Code § 8-17-210 (1975)

Amended by Act 2021-399,§ 1, eff. 7/12/2021.

Acts 1981, No. 81-409, p. 638, §1; Acts 1987, No. 87-563, p. 876, §1.