RULE 120-3-22-.08 - State Minimum Fire Safety Codes and Standards

RULE 120-3-22-.08. State Minimum Fire Safety Codes and Standards

Unless otherwise stated in this Chapter, the following editions of the codes, standards, recommended practices, guides and methods, as published in the National Fire Codes (NFC) by the National Fire Protection Association (NFPA), as adopted and modified herein shall be the State's minimum fire safety standards related to the manufacturing, storage, transportation, and use of display fireworks and consumer fireworks, the retail sales of consumer fireworks, fireworks or pyrotechnics exhibitions and displays, and the use of flame effects before a proximate audience.

(1) NFPA 160, 2016 Edition, Standard for the Use of Flame Effects Before a Proximate Audience

Modifications:

(a) Modifications to Chapter 5:

1. Delete subsection 5.1.1 in its entirety and substitute in its place the following:

"5.1.1 Permit Required. A use permit issued by the authority having jurisdiction shall be required for the use of flame effects before a proximate audience or within any building or structure.

(2) NFPA 1123, 2018 Edition, Code for Fireworks Display

Modifications:

(a) Modifications to Chapter 3:

1. Delete subsection 3.3.15 in its entirety and substitute in its place the following:

"3.3.15 Fireworks. Any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, firecrackers, torpedoes, skyrockets, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include:

(a) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and,

(b) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party peppers, string peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81 explosive mixture."

2. Delete subsection 3.3.15.1 in its entirety and substitute in its place the following:

"3.3.15.1 Consumer Fireworks. Any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. The term 'consumer fireworks' shall not include:

(a) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'consumer fireworks' or 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and,

(b) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party peppers, string peppers, snappers, and drop pops each consisting of 0.25 grains or less of 81 explosive mixture."

3. Delete subsection 3.3.15.2 in its entirety and substitute in its place the following:

"3.3.15.2 Display Fireworks. Any large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as set forth in Part 555 of Title 27 of the Code of Federal Regulations, Part 172 of Title 49 of the Code of Federal Regulations, and American Pyrotechnics Association Standard 87-1. Display fireworks are described as Fireworks, UN0335 and are classified as Explosives, 1.3G by the U.S. Department of Transportation.

(b) Modifications to Chapter 8:

1. Add a new paragraph 8.1.3.6 to read as follows:

"8.1.3.6 The operator shall be present and shall personally supervise all phases of the public exhibition or display of fireworks."

2. Add a new subsection 8.1.9.3 to read as follows:

"8.1.9.3 The pyrotechnics operator shall be present and shall personally supervise all phases of the public exhibition or display of fireworks."

(c) Modifications to Chapter 10:

1. Delete subsection 10.1.1 in its entirety and substitute in its place the following:

"10.1.1 The operator shall be at least 21 years old. Prior to performing the public exhibition or display of fireworks, the operator or the operator's employer shall obtain a permit issued by the judge of the probate court of the county in which the public exhibition or display of fireworks is to be held in accordance with all applicable state laws."

2. Delete subsection 10.1.2 in its entirety and substitute in its place the following:

"10.1.2 An operator shall provide evidence of actual experience as an operator or assistant to the authority having jurisdiction. This evidence shall include the following:

"(a) At least five different affidavits signed by the local fire official or officials responsible for the area or areas that the operator has actively participated in all phases of a public exhibition or display of fireworks in which there were no personal injuries or property damage.

"(b) A statement providing full details of any such public exhibitions or displays of fireworks in which said operator has participated which resulted in personal injuries or property damage, or an affidavit by the operator certifying that said operator has never participated in any such public exhibition or display of fireworks which resulted in personal injuries or property damage."

3. Delete subsection 10.1.3 in its entirety and substitute in its place the following:

"10.1.3 An operator shall provide evidence to the authority having jurisdiction that he/she possess at least one of the following:

"(a) Certificate(s) of training totaling 20 hours related to fireworks from national organization(s) that promote safety in fireworks displays, or

"(b) Licensure for fireworks displays by another state which administers a competency test accepted by the Commissioner, or

"(c) Other training, testing and/or experience acceptable to the Commissioner."

4. Add a new subsection 10.1.4 to read as follows:

"10.1.4 The individual pyrotechnic operator who will actually conduct the public exhibition or display of fireworks must provide to the authority having jurisdiction proof of employment by said person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks."

5. Delete section 10.2 in its entirety and substitute in its place the following:

"10.2 All assistants shall be at least 18 years old. Each operator shall complete a form on each assistant for each permit being applied for that provides the assistant's age, date of birth, and states the operator's satisfaction as to the qualifications of that assistant."

6. Delete subsection 10.3.1 in its entirety and substitute in its place the following:

"10.3.1 Prior to performing the public exhibition or display of fireworks, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall obtain and provide a copy of a display permit to conduct a firework(s) display issued by the judge of the probate court of the county in which the public exhibition or display of fireworks is to be held, pursuant to O.C.G.A. Section 25-10-4(a) to the authority having jurisdiction."

7. Delete subsection 10.3.2 in its entirety and substitute in its place the following:

"10.3.2 Proof of a bond in the principal sum of $10,000.00, payable to the county 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 must be provided or, alternatively, evidence be provided 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, purchased from an insurer authorized to do business in Georgia, or an insurer regulated pursuant to O.C.G.A. Title 33, Chapter 5, if insurance cannot be obtained from an insurer authorized to do business in Georgia."

8. Delete subsection 10.3.4 in its entirety with no substitution.

9. Add a new section 10.4 to read as follows:

"10.4 Prior to performing the public exhibition or display of fireworks, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall provide to the authority having jurisdiction the name and qualifications of every operator and assistant who will participate in the public exhibition or display of fireworks."

10. Add a new subsection 10.4.1 to read as follows:

"10.4.1 Prior to performing the public exhibition or display of fireworks, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall provide to the authority having jurisdiction a statement signed by the individual pyrotechnic operator who will actually conduct the public exhibition or display of fireworks certifying the operator's satisfaction with the qualifications of each such assistant."

(3) NFPA 1124, 2006 Edition, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles

Modifications:

(a) Modifications to Chapter 7:

1. Add a new subsection 7.3.25 to read as follows:

"7.3.25 Required Signs"

2. Add a new paragraph 7.3.25.1 to read as follows:

"7.3.25.1 Every licensed distributor selling consumer fireworks shall have within the retail display area for consumer fireworks at least one sign which reads as follows:

PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR

IGNITING CONSUMER FIREWORKS

PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR

AFFIXED CAUTION AND WARNING LABELS

PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT

UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND OTHER

PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC"

3. Add a new subparagraph 7.3.25.1.1 to read as follows:

"7.3.25.1.1 Such signs shall be at least 22 inches by 28 inches in size, be printed in at least 40 point boldface type in a color contrasting from such sign's background color, and kept free from obstruction and in plain sight of customers."

4. Add a new paragraph 7.3.25.2 to read as follows:

"7.3.25.2 Signs shall be posted throughout the retail display area and shall read:

Pursuant to O.C.G.A. 25-10-2, it is unlawful to:

Sell consumer fireworks to any person under 18 years of age. Persons purchasing consumer fireworks must provide the seller proper identification at the time of purchase

Use consumer fireworks indoors or within the right of way of a public road, street, highway, or railroad of this state.

Use or ignite, possess, and transport consumer fireworks by any person under 18 years of age."

5. Add a new paragraph 7.3.25.3 to read as follows:

"7.3.25.3 Consumer fireworks retail sales facilities, stores, and stands which sell or offer for sale any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or any floating water lantern or wish lantern which uses a flame to create a lighting effect shall have signs posted throughout the retail display area and customer check out areas which shall read as follows:

Pursuant to O.C.G.A. 25-10-10, it is unlawful to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river.

(4) NFPA 1126, 2016 Edition, Standard for the Use of Pyrotechnics before a Proximate Audience

Modifications:

(a) Modifications to Chapter 3:

1. Delete subsection 3.3.39 in its entirety and substitute in its place the following:

"3.3.43 Proximate Audience. An audience closer to pyrotechnic devices than permitted by NFPA 1123, Code for Fireworks Display or an audience within a building or structure where pyrotechnic devices are used.

(b) Modifications to Chapter 6:

1. Add a new subsection 6.1.5 to read as follows:

"6.1.5 Prior to performing the fireworks or pyrotechnics exhibition or display before a proximate audience, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall obtain and provide a copy of a display permit to conduct a proximate audience firework(s) display issued by the judge of the probate court of the county in which the public exhibition or display is to be held, pursuant to O.C.G.A. Section 25-10-4(b) to the authority having jurisdiction."

2. Add a new subsection 6.1.6 to read as follows:

"6.1.6 Proof of a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display must be provided or, alternatively, evidence be provided 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, purchased from an insurer authorized to do business in Georgia, or an insurer regulated pursuant to O.C.G.A. Title 33, Chapter 5, if insurance cannot be obtained from an insurer authorized to do business in Georgia."

3. Add a new subsection 6.1.7 to read as follows:

"6.1.7 The person, firm, corporation, association or partnership desiring to conduct a fireworks or pyrotechnics exhibition or display before a proximate audience must provide a copy of the license or amended license issued by the Commissioner to the authority having jurisdiction that indicates that the individual pyrotechnic operator(s) who will actually conduct the proximate audience display or exhibition is licensed under the person, firm, corporation, association or partnership."

4. Delete subsection 6.5.1 in its entirety and substitute in its place the following:

"6.5.1 All pyrotechnic operators shall be at least 21 years old. Prior to performing the fireworks or pyrotechnics exhibition or display before a proximate audience, the operator or the operator's employer shall obtain a permit issued by the judge of the probate court of the county in which the public exhibition or display is to be held in accordance with all applicable state laws. In addition, each operator shall provide evidence of actual experience as an operator or assistant to the authority having jurisdiction. This evidence shall include the following:

"(a) At least five different affidavits signed by the local fire official or officials responsible for the area or areas that the pyrotechnic operator has actively participated in all phases of a fireworks or pyrotechnics exhibition or display before proximate audiences in which there were no personal injuries or property damage.

"(b) A statement providing full details of any fireworks or pyrotechnics exhibitions or displays before proximate audiences in which said pyrotechnic operator has participated which resulted in personal injuries or property damage, or an affidavit by the pyrotechnic operator certifying that said operator has never participated in any such displays or exhibitions which resulted in personal injuries or property damage."

5. Delete paragraph 6.5.1.1 in its entirety and substitute in its place the following:

"6.5.1.1 Each operator shall provide evidence to the authority having jurisdiction that he/she possess at least one of the following:

"(a) Certificate(s) of training totaling 20 hours related to fireworks from national organization(s) that promote safety in fireworks displays, or

"(b) Licensure for fireworks displays by another state which administers a competency test accepted by the Commissioner, or

"(c) Other training, testing and/or experience acceptable to the Commissioner."

6. Delete paragraph 6.5.1.2 in its entirety.

7. Delete subsection 6.5.2 in its entirety and substitute in its place the following:

"6.5.2 All assistants shall be at least 18 years old. In addition, a form shall be completed on each assistant for each permit being applied for that provides the assistant's full name, age, date of birth, address, previous experience, and certifies in writing the operator's satisfaction as to the qualifications of that assistant."

8. Add a new subsection 6.5.3 to read as follows:

"6.5.3 Prior to performing the fireworks or pyrotechnics exhibition or display before a proximate audience, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall provide to the authority having jurisdiction the name and qualifications of every operator and assistant who will participate in the display or exhibition."

9. Add a new subsection 6.5.4 to read as follows:

"6.5.4 Prior to performing the fireworks or pyrotechnics exhibition or display before a proximate audience, the person, firm, corporation, association or partnership desiring to conduct a public exhibition or display of fireworks shall provide to the authority having jurisdiction a statement signed by the individual pyrotechnic operator who will actually conduct the display or exhibition certifying the operator's satisfaction with the qualifications of each such assistant."

(c) Modifications to Chapter 8:

1. Add a new subsection 8.6.7 to read as follows:

"8.6.7 The pyrotechnics operator shall be present and shall personally supervise all phases of the proximate audience display or exhibition."

(4) International Fire Code (IFC)

Modifications:

(a) Refer to Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, for adopted edition and any modifications.

(Original Rule entitled "Modifications, Additions and Deletions to Adopted Codes and Standards"adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency. Amended: F. Oct. 26, 1992; eff. Nov. 15, 1992. Repealed: New Rule of same title adopted. F. July 23, 1998; eff. Aug. 12, 1998. Amended: ER. 120-3-22-0.2-.08 entitled "Licensing and Permit Requirements for Fireworks or Pyrotechnics Displays"adopted. F. and eff. June 10, 2003, the date of adoption. Amended: ER. 120-3-22-0.3-.08 entitled "Licensing Requirements for Fireworks or Pyrotechnics Displays Before a Proximate Audience"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. Aug. 13, 2015. Amended: New title "State Minimum Fire Safety Codes and Standards."F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.)

O.C.G.A. ยงยง 25-2-4, 25-2-16, 25-10-5.1.

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