reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-214 - Revocation of Permit for Reasons of Purchasing, Receiving, etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked.

Section 8-17-214
Revocation of permit for reasons of purchasing, receiving, etc., illegal fireworks; notice of revocation; refusal to issue new permit to holder whose permit is cancelled or revoked.
(a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be shipped any illegal fireworks in violation of this article. Notice must be given in writing to the holder of a permit stating cause of revocation; if the permit revoked is for a business located within Alabama, a copy of said notice of revocation must be supplied to the judge of probate of the county in which such permit holder's business is located.
(b) The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks for a period not to exceed three years.
(Acts 1981, No. 81-409, p. 638, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-215 - Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number.

Section 8-17-215
Effect of article on state, county, and municipal license requirements; requirement of proof of current and valid sales tax number.
The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses, the judge of probate 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 said permit is current and valid. No permit shall be issued to any applicant who does not show proof of a current and valid sales tax number.
(Acts 1981, No. 81-409, p. 638, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-216 - Permits for Sale, Use, etc., of Special Fireworks for Public Displays.

Section 8-17-216
Permits for sale, use, etc., of special fireworks for public displays.
(a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the Alcohol, Tobacco, and Firearms division of the United States Treasury Department, and their requirements met and any permit or license required by them secured before application for a state display permit is made.
(b) Application for a state permit for public display of special fireworks must be made in writing to the State Fire Marshal at least 10 days before the display date. The State Fire Marshal may accept an application for a state permit for public display of special fireworks less than 10 days before the display date if accompanied by a fee of double the amount otherwise required. The application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to property and that it shall not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of such municipality. Permits issued shall be limited to the time specified therein and shall not be transferable.
(c) Possession and sale of special fireworks shall be limited to a holder of a federal license issued for display fireworks. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a distributor's permit only. Provided, however, a distributor's permit shall not be required where the special fireworks are for public display to be performed solely for The Alabama June Jam, Inc.; and provided further that the application for the state permit for public display shall show that the proposed display is to be performed solely for The Alabama June Jam, Inc.
(d) Nothing in this article shall apply to Class C firework displays.
(Acts 1981, No. 81-409, p. 638, §7; Acts 1987, No. 87-151, p. 206, §1; Act 2003-378, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-216.1 - Use of Pyrotechnics Before a Proximate Audience.

Section 8-17-216.1
Use of pyrotechnics before a proximate audience.
(a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection Association's Standard for the Use of Pyrotechnics Before a Proximate Audience (NFPA 1126) as shall be adopted by the State Fire Marshal. For purposes of this article, the term "proximate audience" shall mean an indoor audience closer to pyrotechnic devices than permitted by the National Fire Protection Association's Code for Fireworks Display (NFPA 1123).
(b) No person shall use pyrotechnics before a proximate audience without first obtaining a permit from the State Fire Marshal. An application for a permit for the use of pyrotechnics at an event with a proximate audience shall be filed with the State Fire Marshal not less than 10 days prior to the planned date of the event. The State Fire Marshal may accept an application for a permit under this section less than 10 days before the planned date of the event if accompanied by a fee of double the amount otherwise required.
(c) The request for a permit under subsection (b) shall be in the form and manner prescribed by the State Fire Marshal. The permit shall be in addition to any locally required permit or approval.
(d) A fee of one hundred fifty dollars ($150) per event shall be submitted with each application.
(e) Where more than one event is to take place at the same location during the same calendar date, a separate application shall be filed for each event. The application fee for the second and subsequent events on the same calendar date shall be seventy-five dollars ($75) per event.
(f) The State Fire Marshal may prescribe additional requirements associated with the use of pyrotechnics before a proximate audience as are deemed necessary for the safety of property and persons present at the proximate event location.
(g) All pyrotechnics found at an event with a proximate audience that does not have a permit shall be confiscated and destroyed by the State Fire Marshal or his or her designee.
(h) All fees collected pursuant to this section shall be paid into the State Fire Marshal's Fund for the enforcement of this article.
(i) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year.
(Act 2003-378, p. 1068, §2; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-217 - Permissible Items of Fireworks.

Section 8-17-217
Permissible items of fireworks.
(a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into the State of Alabama, except as provided in Section 8-17-216, any pyrotechnics commonly known as "fireworks" other than items now or hereafter classified as Class C consumer fireworks by the United States Department of Transportation, including, but not limited to, aerial devices, audible ground devices, sparkling devices, and novelties and 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 their regulations.
(b) Permitted items designed to produce an audible effect are confined to small ground items which include firecrackers containing not over 50 milligrams of explosive composition and aerial devices containing not over 130 milligrams of explosive composition. Propelling or expelling charge consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.
(c) Items permitted and for which a permit is required shall include related items not classified by the United States Department of Transportation as consumer fireworks, but identified under their regulations as trick noisemakers, toy novelties, toy smoke devices and sparklers and shall include toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, and wire sparklers containing not over 100 grams of composition per item. Sparklers containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(Acts 1981, No. 81-409, p. 638, §8; Acts 1987, No. 87-563, p. 876, §3; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-218 - Sale, Use, etc., of Special Class B Commercial Type Ground Salutes.

Section 8-17-218
Sale, use, etc., of special Class B commercial type ground salutes.
All items of fireworks which exceed the two grain limit of D.O.T. Class C consumer fireworks as to explosive composition, such items being commonly referred to as "illegal ground salutes" designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale, and use within the State of Alabama for any purpose. This section shall not affect display fireworks authorized by this article.
(Acts 1981, No. 81-409, p. 638, §9; Acts 1987, No. 87-563, p. 876, §4; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-219 - Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items.

Section 8-17-219
Conformance of permissible items to nomenclature of Section 8-17-217; identification marks on items.
No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature of Section 8-17-217. Items must be identified on the shipping cases and by imprinting on the article or retail sales container or unit "D.O.T. Class C Consumer Fireworks" or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks on related items; such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
(Acts 1981, No. 81-409, p. 638, §10; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-220 - Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required.

Section 8-17-220
Authorization for retail sales of permissible items of fireworks; items for which special fireworks permit at no time required.
Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term "fireworks" shall not include toy paper pistol caps which contain less than twenty-five hundredths grains of explosive compounds, model rockets, emergency signal flares, matches, trick matches, and cigarette loads, the sale and use of which shall be permitted at all times without a special fireworks permit.
(Acts 1981, No. 81-409, p. 638, §11; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-221 - Requirements as to Storage, Display, etc., of Fireworks; Retail Sales of Fireworks From Tents, Motor Vehicles, etc.; Inspection by State Fire Marshal, etc., of Premises Where Fireworks Are to Be Stored or Sold.

Section 8-17-221
Requirements as to storage, display, etc., of fireworks; retail sales of fireworks from tents, motor vehicles, etc.; inspection by State Fire Marshal, etc., of premises where fireworks are to be stored or sold.
(a) 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 10 feet of where the fireworks are offered for sale is hereby 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 high.
(b) No fireworks shall be sold at retail at any permanent location where paints, oils or varnishes are for sale or use unless kept in the original unbroken containers, nor where gasoline or other flammable liquid or gas is used, stored or sold, if the use, storage, or sale creates an undue hazard to person or property. No fireworks shall be sold at retail from any temporary or moveable stand where paints, oils, or varnishes are for sale or use unless kept in the original unbroken containers, nor within 50 feet of where gasoline or other flammable liquid or gas is used, stored or sold.
(c) Any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. Safety type thread wrapped and coated fuses shall be exempt from this provision.
(d) No retail permit shall be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle. A permit may be issued for the sale of fireworks from a modular or mobile building when the structure is eight feet or more in width and thirty-two feet or more in length, from which all wheels have been removed and the structure placed on a non-mobile foundation. No permit shall be issued to an applicant for a previously unpermitted location, until the premises where fireworks are to be stored or sold have been inspected by the State Fire Marshal or his designated representative and it shall have been determined that such building and facilities within the building and facilities for storage meet reasonable safety standards for the storage and sale of permissible fireworks. Inspection is not required for renewal of permits at the same location to be operated by the same owner unless there has occurred substantial structure or environmental changes.
(Acts 1981, No. 81-409, p. 638, §12; Acts 1987, No. 87-563, p. 876. §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-222 - Sale, etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks.

Section 8-17-222
Sale, etc., of fireworks to persons under 16 or intoxicated or irresponsible persons; display of identification by persons purchasing fireworks; acts constituting unlawful explosion or ignition of fireworks.
It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or to any intoxicated or irresponsible person. Any person purchasing fireworks shall be required to show a valid driver's license or state approved identification card. It shall be unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, any enclosed building, or within 200 feet of where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.
(Acts 1981, No. 81-409, p. 638, §13; Acts 1987, No. 87-563, p. 876, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-223 - Applicability of Article.

Section 8-17-223
Applicability of article.
Nothing in this article 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, 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.
(Acts 1981, No. 81-409, p. 638, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-224 - Penalty.

Section 8-17-224
Penalty.
Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100 or more than $1,000 or imprisoned for not less than 30 days, or more than, one year or both, in the discretion of the court. Any person convicted of manufacturing, shipping into, possessing, or selling any illegal fireworks described in Section 8-17-218 shall be guilty of a Class C felony and upon conviction shall be punished by a fine of not less than $500 nor more than $5,000 or imprisoned not less than one year and one day or more than 10 years, or both, in the discretion of the court.
(Acts 1981, No. 81-409, p. 638, §15; Acts 1987, No. 87-563, p. 876, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-225 - Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks.

Section 8-17-225
Authority of State Fire Marshal to seize and destroy illegal fireworks.
The State Fire Marshal shall seize as contraband any fireworks other than the permitted "Class C Consumer Fireworks" and related items defined in Section 8-17-217 or "special fireworks" for public displays as provided in Section 8-17-216, which are sold, displayed, used, or possessed in violation of this article. The State Fire Marshal may destroy any illegal fireworks so seized.
(Acts 1981, No. 81-409, p. 638, §16; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8 - Fireworks. › Section 8-17-226 - Effect of Article on Validity of City Ordinances.

Section 8-17-226
Effect of article on validity of city ordinances.
(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance with Section 11-45-9.1.
(b) A municipality may enact an ordinance further restricting the sale or use of sparkling devices or novelties. The State Fire Marshal shall keep a current listing of those municipalities that have enacted an ordinance further restricting the sale or use of sparkling devices or novelties. This subsection shall not affect any existing ordinance in a Class 1 municipality.
(c) Nothing in this section shall be construed to limit or restrict a municipality from including the revenue derived from the devices listed above from the gross receipts calculation used as the basis for a retailer's existing business license as provided in Section 11-51-90.
(Acts 1981, No. 81-409, p. 638, §17; Acts 1987, No. 87-563, p. 876, §8; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-231 - Regulation and Licensing of Pyrotechnic Displays.

Section 8-17-231
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this article.
(b) A person may not provide a fireworks display without a pyrotechnic display operator license. An applicant for a pyrotechnic display operator license shall submit all of the following to the State Fire Marshal:
(1) Proof that the applicant is 21 years of age at the time of application.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances in active participation as a co-lead for at least six fireworks displays under the direct supervision of a competent licensed pyrotechnic display operator.
(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(5) An application fee of one hundred twenty dollars ($120).
(c) Each pyrotechnic display operator licensee requesting renewal of his or her license, shall submit proof of all of the following to the State Fire Marshal:
(1) Completion of an eight-hour continuing education training program approved by the State Fire Marshal for pyrotechnic display operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.
(2) Active participation as a pyrotechnic display operator in the safe performance of at least two fireworks displays within the two-year license period.
(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(4) A signed affidavit stating that the licensee has committed no felonies within the two-year license period.
(5) A renewal fee of one hundred twenty dollars ($120).
(d) A pyrotechnic display operator license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-232 - Pyrotechnic Special Effects License.

Section 8-17-232
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both, without a pyrotechnic special effects operator license. An applicant for a pyrotechnic special effects license shall submit all of the following to the State Fire Marshal:
(1) Proof that the applicant is at least 21 years of age at the time of application.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of active participation as a co-lead in the safe performance of at least six proximate audience displays or flame effects, or both, under the direct supervision of a competent licensed pyrotechnic special effects operator.
(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(5) An application fee of one hundred twenty dollars ($120).
(b) Each pyrotechnic special effects operator licensee requesting renewal of his or her license shall submit proof of all of the following to the State Fire Marshal:
(1) Completion of a 16-hour continuing education training program approved by the State Fire Marshal for pyrotechnic special effects operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.
(2) Active participation as a pyrotechnic special effects operator in the safe performance of at least two proximate audience displays or flame effects, or both, within the two-year license period.
(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.
(4) A signed affidavit stating that the licensee has committed no felonies in this state or another state within the two-year license period.
(5) A renewal fee of one hundred twenty dollars ($120).
(c) A pyrotechnic special effects operator license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-233 - Reciprocity.

Section 8-17-233
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age and satisfy the requirements of subsection (b) or subsection (c).
(b) For a pyrotechnic display operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances as an operator for at least six fireworks displays.
(4) A copy of the license of the applicant issued by the other state.
(5) A reciprocal license fee of one hundred twenty dollars ($120).
(c) For a pyrotechnic special effects operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances as an operator for at least six proximate audience displays.
(4) A copy of the license of the applicant issued by the other state.
(5) A reciprocal license fee of one hundred twenty dollars ($120).
(d) A reciprocal license shall expire two years after issuance, unless renewed before expiration.
(Act 2018-464, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-234 - Use of Fireworks by Unlicensed Companies or Individuals.

Section 8-17-234
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state using fireworks shall first hire a licensed pyrotechnic display operator or a pyrotechnic special effects operator to act as license holder and shall comply with all other state and federal laws.
(b) This section shall not apply to a person who is conducting an uncompensated display using only consumer fireworks on private property.
(Act 2018-464, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-235 - Use of Hazardous Explosive Materials for Entertainment Purposes.

Section 8-17-235
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
The use of hazardous explosive materials for entertainment purposes not directly referenced in this article is prohibited unless approved by the State Fire Marshal prior to use.
(Act 2018-464, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-236 - Licensing of Certified Lead Technicians.

Section 8-17-236
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Any person who is certified as a lead technician by the State Fire Marshal on or before June 1, 2018, may apply to the State Fire Marshal under this article for a pyrotechnic display operator license or a pyrotechnic special effects operator license. The application shall be submitted before midnight on December 31, 2019, and shall satisfy the requirements of subsection (b) or subsection (c), as applicable.
(b) For a pyrotechnic display operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of completion of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators.
(2) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(3) A completed affidavit or other documentation confirming that the applicant has no felony convictions in this state or another state.
(4) A completed license application packet.
(5) An application fee of one hundred twenty dollars ($120).
(c) For a pyrotechnic special effects operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of completion of 16-hour training program approved by the State Fire Marshal for pyrotechnic special effects operators.
(2) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check by the State Fire Marshal.
(3) A completed affidavit or other documentation confirming that the applicant has no felony convictions.
(4) A completed license application packet.
(5) An application fee of one hundred twenty dollars ($120).
(Act 2018-464, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-237 - Validity of License; Disposition of Fees.

Section 8-17-237
Validity of license; disposition of fees.
(a) A pyrotechnics display operator license or pyrotechnic special effects operator license issued under this article authorizes the holder to act pursuant to that license until the license is suspended, revoked, or not renewed. Upon the suspension or revocation of a license, or the failure to renew a license, the licensee shall return the license to the State Fire Marshal. Each license is valid for two years, unless suspended or revoked.
(b) All fees collected pursuant to this article shall be deposited in the State Treasury to the credit of the State Fire Marshal's Fund authorized in Section 36-19-31. The State Fire Marshal may expend monies from the State Fire Marshal's Fund for the administration and enforcement of this article.
(Act 2018-464, §8; Act 2021-399, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-238 - Violations.

Section 8-17-238
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Any individual, firm, partnership, or corporation that violates this article shall be guilty of a Class A misdemeanor.
(Act 2018-464, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 8A - Pyrotechnic Displays. › Section 8-17-239 - Construction of Article.

Section 8-17-239
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
This article shall be read in pari materia with Article 8, commencing with Section 8-17-210, of Chapter 17, Title 8.
(Act 2018-464, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-240 - Short Title.

Section 8-17-240
Short title.
This article shall be known and may be cited as the "Alabama Explosives Safety Act of 1993."
(Acts 1993, No. 93-713, p. 1391, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-241 - Definitions.

Section 8-17-241
Definitions.
The following words and phrases used in this article shall have the following meanings:
(1) ACT. Alabama Explosives Safety Act of 1993.
(2) BLAST. The firing or detonating of explosives.
(3) BLASTER. A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office.
(4) BLASTING CONTRACTOR. A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations.
(5) BLASTING OPERATION. The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures.
(6) BLASTING PRIVILEGES. Blasting certification, blasting contractor licensing, and blasting permits.
(7) EXPLOSIVES. Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property.
(8) ISSUING AUTHORITY. A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article.
(9) LICENSE. An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations.
(10) OFFICE. The State Fire Marshal's Office.
(11) PERMIT. A municipal explosives use permit.
(12) SEISMOGRAPH. An instrument designed to measure and record the surface vibrations produced by blasting in three mutually perpendicular (transverse, vertical, and longitudinal) directions. The instrument may also have the capability of measuring and recording air blast over-pressure produced by blasting.
(Acts 1993, No. 93-713, p. 1391, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-242 - Rules and Regulations; Orders; Employment of Personnel and Purchasing of Equipment.

Section 8-17-242
Rules and regulations; orders; employment of personnel and purchasing of equipment.
(a) In addition to any other legal powers, the State Fire Marshal may adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations governing the use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. The rules and regulations adopted shall not be more stringent than those promulgated by federal law, rule, or regulation to control surface coal mining operations. The rules and regulations may apply to the state as a whole or may vary from area to area in order to take into account varying local conditions.
(b) The authority granted to the State Fire Marshal shall not extend to surface coal mining operations, which shall continue to be regulated by the Alabama Surface Mining Commission, pursuant to the Alabama Surface Mining Control and Reclamation Act [Chapter 16 (commencing with Section 9-16-2) of Title 9].
(c) The office may issue reasonable orders as necessary to implement the purposes of this act and to enforce this act through appropriate administrative and judicial proceedings.
(d) The office may employ personnel and consultants, purchase equipment and supplies, and lease or otherwise acquire property as may be reasonably necessary to perform its duties under this article.
(Acts 1993, No. 93-713, p. 1391, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-243 - Blaster Certification.

Section 8-17-243
Blaster certification.
(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has obtained certification from the office.
(b) The following persons are eligible for certification:
(1) Any person who is 21 years of age or older, with not less than two years' experience as a blaster in this state, may be certified without examination up to one year from October 1, 1993. The applicant shall furnish proof of experience satisfactory to the office.
(2) Any person engaged in any use of explosives regulated by this article on October 1, 1993, shall have one year after October 1, 1993, to obtain a blaster certification required under this article.
(3) After this article has been in effect for one year, any person who is 21 years of age or older with two or more years of experience as a blaster may be certified only by passing a written comprehensive examination given by the office relating to the use of explosives.
(4) Certifications may be granted by the office to any person holding a certification from another state, provided that the requirements for a certification in that state are equivalent to, or more stringent than, those of the State of Alabama, as determined by the State Fire Marshal.
(c) No person may detonate explosive materials or supervise the conduct of a blasting operation unless that person has obtained a certification card from the office.
(d) Each person certified shall pay a one hundred dollars ($100) fee to the office.
(e) Certification shall expire one year following the date of its issuance, or renewal, and shall become invalid unless renewed by payment of the certification fee.
(Acts 1993, No. 93-713, p. 1391, §4; Act 2003-378, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-244 - Refusing, Suspending, Revoking, or Failing to Renew Certification.

Section 8-17-244
Refusing, suspending, revoking, or failing to renew certification.
(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification:
(1) Has violated this article or any other state or federal law relating to explosives, or has violated any regulation duly promulgated by the office.
(2) Has misrepresented or concealed any material fact in the application for a certificate, or identification card, or any document filed in support of those documents.
(3) Has permitted any employee of the person, either by direct instruction or by reasonable implication, to violate this article.
(4) Has been convicted by final judgment in any state or federal court of a felony.
(5) Has been terminated from employment due to possessing or being under the influence of intoxicants, or possessing or using illegal drugs.
(6) Has used explosives in an unsafe manner.
(b) Prior to the office refusing, suspending, revoking, or failing to renew a blaster certification card, the office shall notify the applicant or holder of a blaster certification card of the specific reason or reasons for the intended action. The applicant or holder of a blaster certification card shall have 10 days after receipt of the notice to respond to the office notice of proposed action by filing a written notification to the office and requesting a hearing before the office pursuant to the rules of the office.
(c) The office shall have 10 days after its receipt of the applicant's or the holder's response to either take the proposed action or issue the blaster certification card and notify the blaster of the decision. If the blaster disagrees with the action taken by the office, a hearing for the purpose of reconsidering the matter shall be set within 30 days of the action of the office.
(Acts 1993, No. 93-713, p. 1391, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-245 - Office May Reissue Certification Card.

Section 8-17-245
Office may reissue certification card.
In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met.
(Acts 1993, No. 93-713, p. 1391, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-246 - Records to Be Maintained on Blasting Operations.

Section 8-17-246
Records to be maintained on blasting operations.
(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office.
(b) It is unlawful for any person to make any false entry in any record required to be kept by this section.
(Acts 1993, No. 93-713, p. 1391, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-247 - Blasting Contractor License.

Section 8-17-247
Blasting contractor license.
(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasting contractor in this state shall make and file with the office a written application on a form prescribed by the office. The office shall have 30 days to investigate and review the application, and either issue or deny a license. A denial shall state the reasons why the license was not issued and what corrective action, if any, may be taken.
(b) The license shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the license fee.
(c) A fee of two thousand dollars ($2,000) shall be paid to the office by any person issued a license under this section.
(d) No person with a blaster certification card may conduct any blasting operations which require certification and licensure under this article unless the person has, or is employed by an employer who has a blasting contractor license.
(Acts 1993, No. 93-713, p. 1391, §8; Act 2003-378, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 9 - Explosives. › Section 8-17-248 - Municipal Explosives Use Permit.

Section 8-17-248
Municipal explosives use permit.
(a) No person, unless otherwise exempted by this article, shall engage in blasting or other use of explosives for commercial purposes without first obtaining a municipal explosives use permit from the appropriate local issuing authority. The appropriate local issuing authority for the municipal explosives use permit shall be the municipality within police jurisdiction of which the proposed blasting would take place. Copies of all permits shall be forwarded to the office.
(b) The issuing authority shall issue permits in accordance with this article and the rules and regulations promulgated by the office.
(c) Terms of the permit shall be effective for one year or at the termination of the commercial purpose, whichever occurs first, with the right of successive renewal upon expiration of the terms of the permit unless the permit has been suspended or revoked.
(d) The issuing authority shall collect a municipal explosives use permit fee of $25 to be paid by each applicant to cover the expense of the municipality for processing and issuing the municipal explosives use permit.
(e) No municipal explosives use permit shall be issued unless the applicant has liability insurance with a company licensed to do business as an insurer in this state in an amount not less than $500,000 with identical limits for explosion, collapse, and underground coverage to protect the public against property damage and personal injury. This insurance shall be continued in effect during the period of the permit.
(Acts 1993, No. 93-713, p. 1391, §9.)