2025 Georgia Codes – Page 234

cause to be ignited any consumer fireworks anywhere in this state except:
(i) As provided for under subparagraph (A) of this paragraph;
(ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present
or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks;
(iii) Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility
engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the vol-
ume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production,
refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any
public or private electric substation; or a jail or prison;
(iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any pub-
lic use landing area or platform marked and designed for landing use by helicopters;
(v) Within any park, historic site, recreational area, or other property which is owned by or operated by,
for, or under the custody and control of a governing authority of a county or municipal corporation,
except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph;
(vi) Within any park, historic site, recreational area, or other property which is owned by or operated by,
for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations
of the agency or department having control of such property which may allow for such use or ignition of
consumer fireworks;
(vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7
of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be
ignited consumer fireworks on the property of such facility or may grant written permission to any person,
firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on
the property of such facility; or
(viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the
extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code
Section 25-10-2.1.
(D) Any person, firm, corporation, association, or partnership may use or ignite or cause to be ignited
any consumer fireworks as provided for under divisions (3)(B)(i) and (3)(C)(v) of this subsection if such
person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of
a governing authority of a county or municipal corporation for the use or ignition of consumer fireworks
in a location within such county or municipality as provided for under divisions (3)(B)(i) and (3)(C)(v) of
this subsection, provided that such special use permit is required for such use or ignition. Such special use
permit shall designate the time or times and location that such person, firm, corporation, association, or
partnership may use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a county
or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not
exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision
shall bear liability for any decisions made pursuant to this Code section.
(E) Whenever the Keetch-Byram Drought Index reaches a level of 700 or above for any geographical area
within a county, the Governor may, in consultation with the State Forestry Commission and the Depart-
ment of Natural Resources and for purposes of this Code section, issue a declaration of drought for such
county and enact further regulations and restrictions prohibiting any person, firm, corporation, association,
or partnership to ignite or cause to be ignited consumer fireworks within the boundaries of such county for
the duration of such declaration; provided, however, that upon expiration or conclusion of such declaration
or the level on the Keetch-Byram Drought Index receding below 700, whichever occurs first, such further
regulations or restrictions shall be rescinded by law.
(4)(A) It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to
possess, manufacture, transport, or store consumer fireworks.
(B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age
to possess or transport consumer fireworks, provided that such person is serving as an assistant to a dis-
tributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from
such distributor’s application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting
such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of
Interstate and Defense Highways.
(5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or whole-
sale any consumer fireworks pursuant to the requirements of this chapter.
(B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or
wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor
licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such dis-
tributor’s application pursuant to subsection (c) of Code Section 25-10-5.1.
(6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility
or store only if such permanent consumer fireworks retail sales facility or store is:
(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or
store in the selling of consumer fireworks as provided for in NFPA 1124; and
(ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section

(B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand
only if such temporary consumer fireworks retail sales stand is:
(i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the
selling of consumer fireworks as provided for in NFPA 1124;
(ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire
department connection of a building affiliated with such consumer fireworks retail sales stand, unless the
chief administrative officer of the fire department of a county, municipality, or other political subdivision
or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and
having operational authority over such location of the temporary consumer fireworks retail sales stand
provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of
1,000 feet from such fire hydrant or fire department connection; and
(iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-
5.1.
A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may operate no more than two
temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection
(b) or (d) of Code Section 25-10-5.1; provided, however, that such distributor has been operating and open
to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July
4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-
5.1 that is filed within 30 days of July 4 or December 31.
(C) It shall be unlawful to sell consumer fireworks from any motor vehicle, from a trailer towed by a motor
vehicle, or from a tent, canopy, or membrane structure.
(c) Any noise ordinance of a county or municipal corporation which is to have effect for purposes of subdivi-
sion (b)(3)(B)(i) shall have been enacted or reenacted on or after July 1, 2018, and shall:
(1) Be a general noise ordinance concerning all manner of sounds or noises and such county or municipal
corporation shall not have any ordinance separately pertaining to sounds or noises emanating exclusively
from consumer fireworks; and
(2) Not have been enacted or reenacted unless notice of the meeting in which such noise ordinance was
enacted or reenacted was published one time at least 15 days in advance of such meeting in the legal organ
of such county or municipal corporation and was posted for at least 72 hours at least 15 days in advance of
such meeting on the homepage of the official website of such county or municipal corporation. Such notice
shall state the date, time, and place of such meeting and that such noise ordinance which will affect the use
of consumer fireworks will be acted upon.