§ 9-32. Sale of consumer fireworks.

(a)

"Consumer fireworks" means 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 Pyrotechnic Association, as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles.

(b)

"Consumer fireworks retail sales facility" (CFRS facility) shall have the same meaning as provided by NFPA 1124 as defined pursuant to O.C.G.A. § 25-10-1. A permanent or temporary building or structure, consumer fireworks retail stand that is used primarily for the retail display and sale of consumer fireworks.

(c)

"Consumer fireworks retail sales stand". A temporary or permanent building or structure that has a floor area not greater than eight hundred (800) square feet, other than tent, canopies or membrane structures, that is used primarily for the retail display and sales of consumer fireworks to the public.

(d)

"Consumer fireworks retail sales facility" means a permanent or temporary building or structure, stand, that is used primarily for the retail display and sale of consumer fireworks to the public. Said definition shall not apply to facilities or stores where the consumer fireworks are in packages in which the total quantity of fireworks on hand does not exceed one hundred twenty-five (125) pounds (net) [56.8 kilograms] of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems, not to exceed two hundred fifty (250) pounds (net) [113.6 kilograms] of pyrotechnic composition.

(e)

"Consumer fireworks storage building". A building in which finished consumer fireworks are received, stored and shipped, but in which no manufacturing is performed. Said definition shall not apply to facilities or stores where the consumer fireworks are in packages in which the total quantity of fireworks on hand does not exceed one hundred twenty-five (125) pounds (net) [56.8 kilograms] of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems, not to exceed two hundred fifty (250) pounds (net) [113.6 kilograms] of pyrotechnic composition.

(f)

"Permanent" as applied to buildings or structures: a building or structure affixed to a foundation on a site and having fixed utility connections, that is intended to remain on the site for more than one hundred eighty (180) consecutive calendar days.

(g)

"Temporary" as applied to buildings or structures: a building or structure not meeting the definition for permanent structure. As applied to electrical power and wiring: electrical service in use or in place for a period of ninety (90) consecutive calendar days or less.

(h)

"Fireworks" means 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.

(i)

The term "consumer fireworks" or "fireworks" shall not include:

(1)

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 does not average more than 0.25 grains of explosive mixture per paper cap; nor toy pistols, toy cannons, toy canes, toy guns, or other devises using such paper caps; nor shall the term "consumer fireworks" or "fireworks" include ammunition consumed by weapons used for sporting and hunting purposes; and

(2)

Wire or wood sparklers of one hundred (100) grams or less of mixture per item; other sparkling items which are non-explosive and non-aerial and contain seventy-five (75) grams or less of chemical compound per tube or a total of five hundred (500) grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture.

(j)

It shall be unlawful for any person, firm, corporation or other entity to sell, offer to sell or use, explode, cause to be exploded, possess, manufacture, transport or store any fireworks within the corporate limits of the city, except as may be permitted under the provisions of O.C.G.A. tit. 25, ch. 10, and the "Rules and Regulations of the Safety Fire Commissioner", Chapter 120-3-22.

(Ord. No. 31-05, § 1, 5-19-05; Ord. No. 35-06, § 1, 6-15-06; Ord. No. 21-15, § 1, 6-18-15; Ord. No. 13-16, § 2, 6-16-16)

Editor's note

Formerly entitled "Fireworks prohibited", which was amended by Ord. No. 21-15.