2025 Georgia Codes – Page 233

Amended 2024
(a) As used in this chapter, the term:
(1) “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 Pyrotechnics Association as provided for in the 2001 American Pyrotechnics
Association Standard 87-1, and additionally shall mean Roman candles.
(2) “Consumer fireworks retail sales facility” shall have the same meaning as provided for by NFPA 1124;
provided, however, that such term shall not include a tent, canopy, or membrane structure.
(3) “Consumer fireworks retail sales stand” shall have the same meaning as provided for by NFPA 1124.
(4) “Distributor” means any person, firm, corporation, association, or partnership which sells consumer fire-
works.
(5) “Electric plant” shall have the same meaning as provided for in Code Section 46-3A-1.
(6) “Fireworks” means any combustible or explosive composition or any substance or combination of sub-
stances or article prepared for the purpose of producing a visible or audible effect by combustion, explo-
sion, deflagration, or detonation, including blank cartridges, firecrackers, torpedos, 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.
(7) “Fireworks or pyrotechnics exhibition or display before a proximate audience” means any exhibition
or display of fireworks, or any use of pyrotechnic special effects, that occurs within a building or struc-
ture or before an audience closer to the pyrotechnic devices than permitted by National Fire Protection
Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner;
provided, however, that such term shall not include the use of pyrotechnic special effects in television
and motion picture production when no audience is present.
(8) “Flame effect” means the combustion of solids, liquids, or gases utilizing atmospheric oxygen to
produce thermal, physical, visual, or audible phenomena before an audience or for use in motion picture
and television production.
(9) “NFPA 1124” means the National Fire Protection Association Standard 1124, Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.
(10) “Nonprofit group” means any entity exempt from taxation under Section 501(c)(3) of the Internal Rev-
enue Code of 1986, any entity incorporated under Chapter 3 of Title 14, the “Georgia Nonprofit Corpora-
tion Code,” or a sponsored organization of a public or private elementary or secondary school in this state.
(11) “Personal and private use” means the use of consumer fireworks for any activity other than any
activity of a professional or commercial nature or for profit or commercial gain and intended, in particu-
lar, for household entertainment or enjoyment for private gatherings.
(12) “Public exhibition or display of fireworks” means the use of pyrotechnics, display fireworks, consum-
er fireworks, or any combination thereof for any purpose relating to the amusement or entertainment of
the public that does not occur within a building or structure or before a proximate audience; provided,
however, that such term shall not include the private and personal use of consumer fireworks by the
public.
(13) “Pyrotechnics” means fireworks not intended for use by the general public.
(14) “Special effect” means an audible or visual effect created for motion picture and television produc-
tion through the use of flammable or combustible liquids, flammable solids, explosives, fireworks, pyro-
technics, flame effects, and any similar materials and devices.
(15) “Store” shall have the same meaning as provided for by NFPA 1124; provided, however, that such term
shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:
(A) No more than 25 percent of such retail display space is used for consumer fireworks and items or prod-
ucts as provided for under paragraph (2) of subsection (b) of this Code section; and
(B) Other items or products which are not consumer fireworks or items or products as provided for under
paragraph (2) of subsection (b) of this Code section are sold; and provided, further, that such term means
a person, firm, corporation, association, or partnership with more than one mercantile location, where all
such mercantile locations are collectively known to the public by the same name or share central manage-
ment.
(16) “Waste-water treatment plant” shall have the same meaning as provided for in Code Section 43-51-2.
(17) “Water treatment plant” shall have the same meaning as provided for in Code Section 43-51-2.
(b) As used in this chapter, 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 recov-
erable 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
(2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonex-
plosive 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 poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or
less of explosive mixture.

Amended 2024
(a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail
or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any con-
sumer fireworks or fireworks, except as otherwise provided in this chapter.
(a.1) It shall be unlawful for any person, firm, corporation, association, or partnership to cause injury to
another person or damage any property of another by means of fireworks whether recklessly or intention-
ally.
(b)(1) Notwithstanding any provision of this chapter to the contrary, 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.
(2) It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of
Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person
shall provide proper identification to the seller at the time of such purchase. For purposes of this para-
graph, the term “proper identification” means any document issued by a governmental agency containing a
description of the person or such person’s photograph, or both, and giving such person’s date of birth and
includes without being limited to a passport, military identification card, driver’s license, or identification
card authorized under Chapter 5 of Title 40.
(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of
subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway,
or railroad of this state.
(B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this
subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or
partnership to use or ignite or cause to be ignited any consumer fireworks:
(i) On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M.,
unless during such times the noise from such use or ignition is not in compliance with a noise ordinance
of a county or municipal corporation as provided for in subsection (c) of this Code section, except as
otherwise provided for under this subparagraph; provided, however, that a county or municipal corpora-
tion may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this
paragraph for use or ignition;
(ii) On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and
December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.;
and
(iii) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending
time of 1:00 A.M.
(C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section