Georgia Senate Passes Fireworks Clarification Bill

ATLANTA (February 26, 2016) The Georgia Senate approved legislation creating new restrictions and clarifying existing language on the personal use of fireworks. Senate Bill 369 was preceded by House Bill 110, which was passed during the 2015 legislative session to allow the initial sale and use of consumer fireworks in Georgia. The legislation passed by a vote of 50 to 1 and was sponsored by Sen. Jeff Mullis (R – Chickamauga). 

“The legislation passed last year by the Georgia General Assembly was never meant to be a burden on neighborhoods or law enforcement officials, and after House Bill 110 was enacted, it quickly became clear that we needed to add definitions and restrictions. I’d like to thank the law enforcement agencies, Georgia citizens and local governments that worked with legislators to improve and clarify these regulations,” said Sen. Mullis 

Senate Bill 369 revises the locations where consumer fireworks may be ignited. The legislation prohibits use near public air use facilities, as well as in parks, historical sites, recreational areas owned by a county, municipality, or the State of Georgia. However, special one-time use permits may be applied for under certain conditions. Public fireworks displays are also required to have a valid license issued by the Safety Fire Commissioner. 

New time periods for use are also outlined within the legislation:

·         Any day between 10:00 a.m. and 10:00 p.m.

·         Any day between 10:01 p.m. and midnight if the use does not violate an existing noise ordinance

·         Between 10:01 p.m. and 11:59 p.m. on January 1, July 3, July 4, and December 31

·         Between midnight and 1:00 p.m. on January 1. 

The Governor would be allowed to set additional regulations on the use of consumer fireworks in times when a declaration of drought is issued. The drought regulations would not apply on January 1, July 3, July 4, and December 31 and would be officially lifted when the declaration of drought ends. 

Senate Bill 369 also creates new requirements for the licensing of fireworks distributors. Applications for distributor licenses must include the property where the fireworks will be sold and if the property is owned, leased or under rental agreement. The legislation also changes the license fee structure. Currently, an initial $5,000 fee covers all stores in a retail chain. Senate Bill 369 would establish a base fee of $1,000 and an additional $250 per store location. Applicants must be open to the public for at least 45 days prior to July 4 or December 31 in order to apply for an initial license. Renewals are subject to an annual base fee of $1,000 and an additional $100 for each store location. 

The legislation also establishes criminal penalties for violating sale provisions and provides the Safety Fire Commissioner with oversight authority. This includes the enforcement of fines and revocation of sale licenses. 

The bill now transfers to the House of Representatives for consideration.

Sen. Jeff Mullis serves as Chairman of the Rules Committee.  He represents the 53rd Senate District, which includes Catoosa, Dade, and Walker counties and portions of Chattooga County.  He can be reached at his office in Atlanta at 404.656.0057 or by email at jeff.mullis@senate.ga.gov.