Ga. Code § 25-10-4

Current through 2023-2024 Legislative Session Chapter 709
Section 25-10-4 - [Multiple versions] Permit required to conduct public fireworks exhibition or display
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks shall first obtain a permit from 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 this title and having operational authority of the area in which the public exhibition or display of fireworks is to be held. Application for a permit shall be made in writing and filed with the local fire authority not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The local fire authority may grant a permit for the public exhibition or display of fireworks on the following conditions:
(1) That the public exhibition or display of fireworks be conducted by an operator licensed pursuant to subsection (b) of Code Section 25-10-3.2;

(2) That the public exhibition or display of fireworks is in compliance with all applicable codes; and
(3) That the application be accompanied by 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.
(b) Any person, firm, corporation, association, or partnership desiring to conduct a fireworks or pyrotechnics exhibition or display before a proximate audience shall first obtain a permit from 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 this title and having operational authority of the area in which the fireworks or pyrotechnics exhibition or display is to be held. Application for a permit shall be made in writing and filed with the local fire authority not less than ten days prior to the date of the proposed fireworks or pyrotechnics exhibition or display before a proximate audience. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The local fire authority may grant a permit for the fireworks or pyrotechnics exhibition or display before a proximate audience on the following conditions:
(1) That the fireworks or pyrotechnics exhibition or display be conducted by an operator licensed pursuant to subsection (a) of Code Section 25-10-3.2;

(2) That the fireworks or pyrotechnics exhibition or display is in compliance with all applicable codes; and
(3) That the application be accompanied by a bond in the principal sum of $50,000.00, payable to the county, municipality, or other political subdivision in which the display is being held and conditioned for the payment of damages that may be caused either to persons or to property by reason of the fireworks or pyrotechnics exhibition or display or, alternatively, that the application be accompanied by evidence that the applicant carries property 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.
(c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be granted unless the applicant has met all the requirements of and is in full compliance with the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter.
(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited to the time specified therein, which shall not exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure.
(e) The local fire authority shall receive a fee of up to $100.00 for the administrative cost of processing in granting or refusing the original permit pursuant to this Code section and $10.00 for each copy issued, to be paid by the applicant. In addition to the original permit fees, local fire authorities may also charge reasonable fees for personnel needed for standby fire suppression and permit compliance. The local fire authority shall provide the Safety Fire Commissioner a copy of each permit granted prior to the proposed date of the public exhibition or display of fireworks or the fireworks or pyrotechnics exhibition or display before a proximate audience.

OCGA § 25-10-4

Amended by 2024 Ga. Laws 614,§ 8, eff. 7/1/2024.
Amended by 2003 Ga. Laws 49,§ 3, eff. 5/28/2003.
This section is set out more than once due to postponed, multiple, or conflicting amendments.