reglab/housing_qa huggingface dataset:
TN Code § 68-104-101 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-101. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Distributor” means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or seasonal retailer, or any person who receives, brings or imports any fireworks of any kind, in any manner into this state, except to a holder of a Tennessee manufacturer's, distributor's, or wholesaler's permit. Any sale of fireworks to a retailer shall only be accomplished by a manufacturer or distributor possessing the required applicable permit issued by the state of Tennessee. “Distributor” also includes any person engaged in the business of making sales of display fireworks, as defined in § 68-104-202, or proximate pyrotechnics or flame effect materials to licensed exhibitors for the purpose of providing fireworks, pyrotechnic or flame effect display services in this state. A distributor may sell display fireworks, proximate pyrotechnics or flame effect materials only to holders of a Tennessee exhibitor's permit. An out-of-state distributor shall not be required to obtain a Tennessee permit when selling exclusively to a holder of a Tennessee manufacturer's, distributor's, wholesaler's or exhibitor's permit;   “D.O.T. Class C common fireworks” means all articles of fireworks as are now or hereafter classified as D.O.T. Class C common fireworks in the regulations of the United States department of transportation for transportation of explosive and other dangerous articles;   “Manufacturer” means any person engaged in the making, manufacture or construction of fireworks of any kind within this state;   “Permit” means the written authority of the state fire marshal issued under the authority of this chapter;   “Person” means any individual, firm, partnership or corporation;   “Retailer” means any person engaged in the business of making retail sales of fireworks at any time during the year;   “Sale” means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals;   “Seasonal retailer” means any person engaged in the business of making retail sales of fireworks within this state from June 20 through July 5 and December 10 through January 2 of each year;   “Special fireworks” means:  All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation;   All articles of fireworks other than those classified as Class C; and   Unmanned free-floating devices capable of producing an open flame such as, but not limited to, sky lanterns; and     “Wholesaler” means any person engaged in the business of making sales of fireworks to a seasonal retailer. A wholesaler shall not be permitted to make a sale to a retailer.
TN Code § 68-104-103 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-103. Permits Numbered — Orders and Invoices Must Carry Number

 The state fire marshal shall assign a number to each permit issued and each holder of a permit of any of the classes shall imprint or affix the permit number to all orders and invoices issued or used by each manufacturer, distributor or wholesaler.
TN Code § 68-104-104 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-104. Consignee Required to Hold Permit Before Shipping or Delivering Fireworks — Purchase Only From Seller Holding Permit — Record of Sale

 No person shall deliver, sell or ship fireworks into or within this state, unless the consignee produces the required permit or evidence that the consignee holds such permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller has been obtained and is current and valid. Each holder of a permit under this chapter shall keep an accurate record of each shipment received. Each holder of a permit as distributor, manufacturer or wholesaler shall keep a record of each sale, delivery or out shipment of fireworks. The records shall be clear, legible and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. The records are to be kept at each place of business and shall be subject to examination by the state fire marshal or the state fire marshal's designated representative, who shall have the authority during regular business hours to require any manufacturer, distributor, wholesaler, retailer or seasonal retailer to produce records for the current year and the preceding full calendar year.
TN Code § 68-104-106 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-106. Privilege Licenses Not Replaced by Permit — Issuance Requirements

 The issuance of the permits required in this chapter does not replace or relieve any person of state, county or municipal privilege licenses as provided by law. Before the issuance of any state and county licenses, the county clerk shall require each applicant for a fireworks license to exhibit a permit or furnish other definite and satisfactory evidence that a proper permit has been issued to the applicant by the state fire marshal and that the permit is current and valid.
TN Code § 68-104-108 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-108. Permissible Fireworks

 It is unlawful for any individual, firm, partnership or corporation to possess, sell or use within this state, or ship into this state, except as provided in this chapter, any pyrotechnics commonly known as fireworks, other than the following permissible items:   Those items classified as D.O.T. Class C common fireworks; or   Those items that comply with the construction, chemical composition and labeling regulations promulgated by the United States consumer product safety commission and permitted for use by the general public under its regulations.
TN Code § 68-104-109 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-109. Conditions for Sale and Use of Permissible Articles

 No permissible articles of common fireworks defined in § 68-104-108 shall be sold, offered for sale, or possessed within this state, or used, in this state, except as provided in § 68-104-211, unless it is properly named to conform to the nomenclature of § 68-104-108, and unless it is certified as common fireworks on all shipping cases and by imprinting on the article or retail container, “D.O.T. Class C common fireworks,” such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
TN Code § 68-104-110 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-110. Retail Sale of Permissible Items — Exception to Definition of “fireworks.”

 Permissible items of fireworks, as provided for in § 68-104-108, may be sold by a retailer or a seasonal retailer, except that fireworks does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five one-hundredths (0.25) grains or less of explosive compounds are used; provided, they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (0.25) grains of explosive compounds, cone, bottle, tube, and other type serpentine pop-off novelties, model rockets, wire sparklers containing not over one hundred (100) grams of composition per item (sparklers containing any chlorate or perchlorate salts may not exceed five (5) grams of composition per item), emergency flares, matches, trick matches and cigarette loads, the sale and use of which shall be permitted at all times.
TN Code § 68-104-111 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-111. Storage, Location and Display of Fireworks — Protection of Fuses

  Placing, storing, locating or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes, within ten feet (10') of where the fireworks are offered for sale is declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words “Fireworks — No smoking” in letters not less than four inches (4") high. No fireworks shall be sold at retail at any location where paints, oils or varnishes are for sale or use, unless such paints, oils or varnishes are kept in their original consumer containers, nor where resin, turpentine, gasoline or any other flammable substance is stored or sold, if the storage creates an undue hazard to any person or property.   All firework devices that are readily accessible to handling by consumers or purchasers shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash or other ignition source. Safety-type thread-wrapped and coated fuses shall be exempt from this provision.
TN Code § 68-104-113 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-113. Exceptions to Application

 Nothing in this chapter shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, or of this state or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes; provided, that the purchaser first secures a written permit to purchase and use fireworks for agricultural purposes only from the state fire marshal, after approval of the county agricultural agent of the county in which the fireworks are to be used, and the fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Such permits and fireworks shall not be transferable. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within this state.
TN Code § 68-104-114 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-114. Penalties

  Except as otherwise provided, a violation of this chapter is a Class C misdemeanor.   Notwithstanding subsection (a), a violation of § 68-104-112(a)(1) is a Class C misdemeanor punishable by a fine to the retailer or seasonal retailer of up to one hundred dollars ($100) for the first offense, a fine of up to two hundred fifty dollars ($250) for the second offense, and a fine of up to five hundred dollars ($500) for subsequent offenses. Any municipality may adopt § 68-104-112(a)(1) by reference or substantial duplication as an ordinance violation.
TN Code § 68-104-115 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-115. Seizure and Destruction of Fireworks

  The state fire marshal shall seize as contraband any fireworks, other than Class C common fireworks defined in § 68-104-108, or special fireworks for public displays as provided in § 68-104-211, that are sold, displayed, used or possessed in violation of this chapter. The fire marshal is authorized to destroy fireworks so seized.   Before any seized fireworks may be destroyed:  If the owner of the seized fireworks is known, the state fire marshal shall give notice by registered mail or personal service to the owner of the state fire marshal's intention to destroy the seized materials. The notice shall inform the owner of the owner's right to a hearing. The state fire marshal shall conduct an appropriate contested case hearing concerning the destruction of fireworks in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   If the identity of the owner of any seized fireworks is not known to the state fire marshal, the fire marshal shall cause to be published, in a newspaper of general circulation in the county in which the seizure was made, notice of the seizure, and of the state fire marshal's intention to destroy the fireworks. The notice shall be published once each week for three (3) consecutive weeks. If no person claims ownership of the fireworks within ten (10) days of the date of the last publication, the state fire marshal may proceed to destroy the fireworks. If the owner does claim the fireworks within the time above specified, a hearing as set out in subdivision (b)(1) shall be held.
TN Code § 68-104-116 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 1 - General Provisions|§ 68-104-116. Private Acts and Municipal Ordinances Unaffected

 This chapter shall not affect the validity of any private act, nor any city ordinance further prohibiting or restricting the sale or use of fireworks; provided, that in counties with a population of not less than fifty-eight thousand seventy-five (58,075) nor more than fifty-eight thousand one hundred seventy-five (58,175), according to the 1980 federal census or any subsequent federal census, § 68-104-105 shall control.
TN Code § 68-104-201 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-201. Purpose of Part

 The purpose of this part is to enact a self-funded licensing program for display fireworks, pyrotechnic, and flame effect exhibitors and a certification program for individuals conducting fireworks displays, proximate pyrotechnic displays, and flame effect displays. The purpose of these programs is to ensure a level of competence that promotes the safety of the viewing public, as well as the safety of fire service personnel, fireworks display operators and proximate pyrotechnic display operators, and employees, performers, and support personnel. It is not the purpose of this part to regulate DOT Class C common fireworks or consumer fireworks as described by NFPA standards.
TN Code § 68-104-203 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-203. Licensed Exhibitor — Application for Permits — Requirements

  An individual or entity, other than a municipality, county, or metropolitan government, must be a licensed exhibitor to perform an outdoor fireworks display, an indoor or outdoor proximate pyrotechnic display or an indoor or outdoor display using flame effects. An individual or entity must be a licensed exhibitor to supply display fireworks, indoor or outdoor proximate pyrotechnics or flame effect materials for display purposes.   A municipality, county or metropolitan government conducting an indoor or outdoor proximate pyrotechnic display or an indoor or outdoor display using flame effects, however, must apply for and obtain the permit required pursuant to § 68-104-212, and:  Have a certified operator on site at the event supervising or discharging the display;   Show proof of insurance in accordance with the limits of liability established in the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, or proof of adequate self-insurance; and   Have the pyrotechnic materials supplied or purchased from a licensed exhibitor.
TN Code § 68-104-204 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-204. Applicant Requirements

 To receive an exhibitor's license, an applicant shall:   Make application to the fire marshal on a form prescribed by the fire marshal. The application must be accompanied by the required fee. An individual seeking a license as a sole proprietor or on behalf of a business entity must be at least twenty-one (21) years of age and not have been convicted of or pleaded guilty or nolo contendere to a state or federal felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the fire marshal. In the case of a business entity seeking a license, no officer or member of its governing board may have been convicted of or pleaded guilty or nolo contendere to a state or federal felony for the commission of an offense that bears directly on the applicant's fitness to practice competently, as determined by the fire marshal; and   Submit evidence satisfactory to the fire marshal that the applicant has and will continue in force a general liability insurance policy, on an event, multiple event or continuous basis, to cover its potential liability for bodily injury and property damage in the minimum amount of one million dollars ($1,000,000) during all fireworks, pyrotechnic and flame effect displays for the use and benefit of any person who may be injured or aggrieved. The certificate of insurance or other evidence must be issued by an insurer authorized to do business in this state. If the insurance policy ceases to be in effect, the exhibitor's license becomes invalid. This subdivision (2) does not require employees or certified operators to maintain this insurance coverage.
TN Code § 68-104-205 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-205. Issuance of License

 If an applicant complies with the requirements of this part and the rules of the fire marshal, the fire marshal shall issue the license within sixty (60) days of receiving the application. The term of the license is one (1) year from the date of issuance. Each license issued shall contain a distinct number assigned to the particular exhibitor. The fire marshal shall maintain a list of all licensed exhibitors. In this list next to the exhibitor's name, the fire marshal shall insert the period of licensure and the exhibitor's license number. The list of licensed exhibitors shall be posted on the department's web site.
TN Code § 68-104-206 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-206. Renewal of License

 A license holder with an unexpired license may apply for a new license at any time before the license expires. An exhibitor whose license has been expired for ninety (90) or fewer days may renew the license and have it retroactive to the date the old license expired by applying and paying a fee equal to one and one-half (1½) times the normal fee. This section does not prevent the fire marshal from denying a new license, if the applicant does not comply with this part or rules of the fire marshal.
TN Code § 68-104-207 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-207. Denial, Suspension, Revocation or Refusal to Renew License or Certification

  The fire marshal may refuse to grant, or may suspend, revoke or refuse to renew any license or certification held under this part, and may assess a civil penalty not exceeding two thousand five hundred dollars ($2,500) for a first violation of this part and not exceeding ten thousand dollars ($10,000) for a second or subsequent violation of this part; provided, however, that the fire marshal may assess a civil penalty up to ten thousand dollars ($10,000) for a first violation of this part that is willful and egregious and in the fire marshal's discretion warrants such a penalty.   The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.   If an exhibitor's license is suspended or revoked, then the exhibitor shall cease performing displays and distributing display fireworks immediately. If an exhibitor's license is revoked for any reason, then the exhibitor is prohibited from applying for a new license for one (1) year from the date of revocation. Upon a finding that the exhibitor's federal license, if applicable, has been revoked, the fire marshal shall revoke the exhibitor's state license. An exhibitor's license that has been revoked solely for failure to have the required insurance may be reinstated upon proof by the exhibitor that the required insurance has been obtained.
TN Code § 68-104-209 (2021)
2021 Tennessee Code|Title 68 - Health, Safety and Environmental Protection|Chapter 104 - Fireworks|Part 2 - Licensing and Certification Program|§ 68-104-209. Operators From Other States — Reciprocity

 The fire marshal, upon application by a certified operator, or equivalent, from another state, may allow the operator to perform displays in this state without submitting to the written examination, if the fire marshal determines that the other state's laws allow certified operators from Tennessee to perform displays in that state and the other state's laws set standards for operators substantially equivalent to those in this state. All other applicable certification provisions apply to the out-of-state operator, and applicants for whom the written examination is waived must comply with all other requirements, including continuing education requirements.