reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 103 - HIGH-VOLTAGE LINES [Transferred] (§§ 68-103-101 — 68-103-108) › Section 68-103-105 - Transferred

Acts 1955, ch. 289, § 5; T.C.A., §§ 53-2805, 68-21-105; Acts 2011, ch. 157, §§ 6, 7; transferred to §
50-3-1005
by Acts 2012, ch. 681, § 4, effective 7/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 103 - HIGH-VOLTAGE LINES [Transferred] (§§ 68-103-101 — 68-103-108) › Section 68-103-106 - Transferred

Acts 1955, ch. 289, § 6; T.C.A., §§ 53-2806, 68-21-106; transferred to §
50-3-1006
by Acts 2012, ch. 681, § 4, effective 7/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 103 - HIGH-VOLTAGE LINES [Transferred] (§§ 68-103-101 — 68-103-108) › Section 68-103-107 - Transferred

Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch. 591, § 112; T.C.A., § 68-21-107; Acts 2011, ch. 157, § 8; transferred to §
50-3-1007
by Acts 2012, ch. 681, § 4, effective 7/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 103 - HIGH-VOLTAGE LINES [Transferred] (§§ 68-103-101 — 68-103-108) › Section 68-103-108 - Transferred

Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108; Acts 2011, ch. 157, § 9; transferred to §
50-3-1008
by Acts 2012, ch. 681, § 4, effective 7/1/2012.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 2; T.C.A., § 53-3003; Acts 1983, ch. 188, § 3; T.C.A., § 68-22-103.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 2; T.C.A., § 53-3004; Acts 1983, ch. 188, § 4; T.C.A., § 68-22-104.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §§ 53-3006, 68-22-106.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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:
(1)
Those items classified as D.O.T. Class C common fireworks; or
(2)
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.
Acts 1959, ch. 159, § 4; T.C.A., § 53-3008; Acts 1983, ch. 188, § 7; T.C.A., § 68-22-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 5; T.C.A., § 53-3009; Acts 1983, ch. 188, § 8; T.C.A., § 68-22-109.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 6; T.C.A., § 53-3010; Acts 1983, ch. 188, § 9; T.C.A., § 68-22-110.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 68-104-111 - Storage, location and display of fireworks - Protection of fuses

(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 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.
(b)
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.
Acts 1959, ch. 159, § 7; T.C.A., § 53-3011; Acts 1983, ch. 188, § 10; T.C.A., § 68-22-111.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 9; 1970, ch. 481, § 5; T.C.A., §§ 53-3013, 68-22-113.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 68-104-114 - Penalties

(a)
Except as otherwise provided, a violation of this chapter is a Class C misdemeanor.
(b)
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.
Acts 1959, ch. 159, § 10; T.C.A., § 53-3014; Acts 1983, ch. 188, § 12; 1989, ch. 591, §§ 98, 113; T.C.A., § 68-22-114; Acts 2007 , ch. 64, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 68-104-115 - Seizure and destruction of fireworks

(a)
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.
(b)
Before any seized fireworks may be destroyed:
(1)
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.
(2)
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.
Acts 1959, ch. 159, § 11; T.C.A., § 53-3015; Acts 1983, ch. 188, § 13; T.C.A., § 68-22-115.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 1 - GENERAL PROVISIONS (§§ 68-104-101 — 68-104-116) › Section 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.
Acts 1959, ch. 159, § 13; T.C.A., § 53-3016; Acts 1985, ch. 293, § 2; T.C.A. § 68-22-116.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 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.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-203 - Licensed exhibitor - Application for permits - Requirements

(a)
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.
(b)
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:
(1)
Have a certified operator on site at the event supervising or discharging the display;
(2)
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
(3)
Have the pyrotechnic materials supplied or purchased from a licensed exhibitor.
Acts 2006, ch. 839, § 1; 2008 , ch. 1130, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-204 - Applicant requirements

To receive an exhibitor's license, an applicant shall:
(1)
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
(2)
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.
Amended by 2016 Tenn. Acts, ch. 719,s 9, eff. 4/6/2016.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 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 website.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 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 (11/2) 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.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-207 - Denial, suspension, revocation or refusal to renew license or certification

(a)
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.
(b)
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.
(c)
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.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 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.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-210 - Unlawful practices - Violations - Adopting section by reference - Exceptions

(a)
It is unlawful for:
(1)
Except with regard to a municipality, county or metropolitan government that conducts a display, so long as the governmental entity is in compliance with §
68-104-203(b)
, anyone other than a certified operator to perform an outdoor display using display fireworks, indoor display or proximate pyrotechnics display that are defined as 1.4G or 1.4S fireworks or pyrotechnics in the regulations of the United States DOT for transportation of explosive and other dangerous articles, or indoor or outdoor display using flame effects;
(2)
Any person or entity to perform an outdoor display using display fireworks, an indoor display or proximate pyrotechnics display using 1.4G or 1.4S fireworks or pyrotechnics, or an indoor or outdoor display using flame effects without an appropriately certified operator on the scene of the display to supervise during the preparation for the display, during the display, and immediately after the display until the site is released;
(3)
Any exhibitor or certified operator to conduct or perform an outdoor fireworks display except in accordance with NFPA 1123;
(4)
Any exhibitor or certified operator to conduct or perform a proximate pyrotechnic display except in accordance with NFPA 1126; or
(5)
Any exhibitor or certified operator to conduct or perform a flame effect display except in accordance with NFPA 160.
(b)
A violation of subsection (a) is a Class B misdemeanor.
(c)
Notwithstanding any provision of the law to the contrary, any municipality may adopt subsection (a) by reference or substantial duplication as an ordinance violation.
(d)
Subsection (a) does not apply to individuals or organizations employing DOT Class C common fireworks for their personal or display use.
Acts 2006, ch. 839, § 1; 2008 , ch. 1130, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-212 - Permit fee

The fire marshal shall collect a permit fee from or on behalf of the sponsor for each event at which there will be a display, which may include all or any of the types of displays regulated by this part, in an amount not to exceed fifty dollars ($50.00) per permit. As part of the application for a permit, the fire marshal shall verify that the required insurance has been obtained and is in force for the event, and shall deny the application if it is not. A permittee, which may include an exhibitor, sponsor or operator that is conducting multiple displays that are essentially identical at a single location, may be issued a multiple display permit. The fire marshal shall set by rule and collect a multiple display permit fee from or on behalf of the sponsor of an event, not to exceed four hundred dollars ($400) per location. A multiple display permit expires one (1) year after issuance.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-213 - Storage requirements

Any person or entity that stores fireworks or pyrotechnic materials, or both, that are classified as Class B or 1.3 fireworks or pyrotechnic materials in the regulations of the United States DOT for transportation of explosive and other dangerous articles, shall store them in accordance with current NFPA standards, including NFPA 1124, and any applicable federal, state, and local laws or ordinances. Violation of this section is a Class B misdemeanor.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-214 - Rules and regulations

The fire marshal shall administer and enforce this part and may call upon any state, county, or municipal officer or employee for assistance. The fire marshal may promulgate rules to carry out the fire marshal's responsibilities under this part, including rules relative to:
(1)
Licensing of exhibitors;
(2)
Certification of operators;
(3)
Training;
(4)
Examinations;
(5)
The responsible handling of display fireworks, proximate displays and flame effect displays; and
(6)
Any other reasonable rules the fire marshal deems necessary to implement this part.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 104 - FIREWORKS (§§ 68-104-101 — 68-104-215) › Part 2 - LICENSING AND CERTIFICATION PROGRAM (§§ 68-104-201 — 68-104-215) › Section 68-104-215 - Validity of municipal ordinances

This part does not affect the validity of any municipal ordinance further regulating or restricting outdoor displays using display fireworks, indoor or proximate pyrotechnics displays, or indoor or outdoor displays using flame effects.
Acts 2006, ch. 839, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-101 - Short title

This chapter is known and may be cited as the "Tennessee Blasting Standards Act."
Amended by 2022 Tenn. Acts, ch. 871, s 1, eff. 7/1/2022.
Acts 1975, ch. 93, § 1; T.C.A., §§ 53-6101, 68-44-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-105 - Seismograph measurements

(a)
At a dwelling house, public building, school, church, commercial or institutional building normally occupied within three hundred feet (300') of a blast hole, the responsible blasting firm shall offer the owner or occupant a pre-blast survey at no charge. This requirement applies only in cases where the standard table of distance is exceeded. The blasting firm shall make the offer in writing at least seventy-two (72) hours prior to commencement of the blasting operation. All surveys requested during the offer period must be completed prior to the commencement of the blasting operation. Each owner or occupant may request, in writing, complete documentation of surveys, including all photographs, from the blasting firm, and the blasting firm shall provide documentation in a timely manner. Each survey shall document all structural and cosmetic flaws noted at that time. This subsection (a) does not apply to permanent blasting operations.
(b)
Instruments for determining particle velocity as set forth in this chapter are limited to such specific types of devices, including their deployment and field practice guidelines, as have been expressly approved by the department. The commissioner may enter upon a premise for the purpose of conducting or supervising necessary instrumentations provided by this chapter.
Amended by 2022 Tenn. Acts, ch. 871, s 5, eff. 7/1/2022.
Acts 1975, ch. 93, § 5; T.C.A., §§ 53-6105, 68-44-105; Acts 2007 , ch. 231, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-107 - Records

(a)
A record of each blast shall be kept.
(b)
All records, including seismograph reports, shall be retained at least three (3) years and shall be available for inspection and shall contain the following minimum data:
(1)
Name of company or contractor;
(2)
Location, date and time of blast;
(3)
Name and signature of blaster on charge;
(4)
Type of material blasted;
(5)
Number of holes, burden and spacing;
(6)
Diameter and depth of holes;
(7)
Types of explosives used (trade name);
(8)
Total weight of explosives used;
(9)
Maximum weight of explosives and maximum number of holes per delay period;
(10)
Method of firing with overhead diagram of the delay pattern;
(11)
Direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building normally occupied, neither owned nor leased by the person conducting the blasting;
(12)
Weather conditions;
(13)
Type and height or length of stemming;
(14)
Type of delay blasting caps used and delay periods used (trade name);
(15)
Kind of mats or other forms of protection used;
(16)
The person taking the seismograph reading shall accurately indicate the location of each seismograph used, and its distance from the blast;
(17)
Name of person and/or firm analyzing the seismograph record;
(18)
Name of driller;
(19)
Type of material blasted and any anomalous or unusual conditions encountered during drilling;
(20)
Location of holes not loaded or those requiring non-typical loading; and
(21)
Documentation of measures taken to compensate for anomalous or unusual conditions.
(c)
It is unlawful for any person to make any false entry in any record required to be kept pursuant to this section.
Acts 1975, ch. 93, § 7; T.C.A., §§ 53-6107, 68-44-107; Acts 2000, ch. 619, § 5; 2007, ch. 231, § 8.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-108 - Rules and regulations - Forms

(a)
The department may promulgate such rules and regulations, neither inconsistent nor contradictory with this chapter, that it deems necessary to effectuate the chapter.
(b)
The department may also prescribe forms required for the administration of the chapter.
Acts 1975, ch. 93, § 8; T.C.A., §§ 53-6108, 68-44-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-109 - Notification of accidents - Cessation of blaster operations - Preservation of evidence - Penalties - Hearings and judicial review - Variations from requirements

(a)
Notification of Accident.
In the event of a blasting accident, the blaster in charge of the site shall notify the department where death, personal injury requiring hospital admission, or property damage of at least five thousand dollars ($5,000) due to flying debris occurs as a result of a blasting operation. If the blaster in charge is incapacitated, the blasting firm shall be responsible for notifying the department immediately in the event of an accident described in this subsection (a).
(b)
Cessation of Blaster Operations.
When a reportable accident occurs, the blaster in charge shall cease blasting operations immediately and shall be prohibited from conducting further blasting operations until such time as the department's investigation is completed. In no event, however, shall this cessation last longer than five (5) working days, unless the commissioner determines that a longer period of time is necessary based upon the commissioner's finding of just cause.
(c)
Preservation of Evidence.
When a reportable accident occurs, blasting operations at the site shall cease and a reasonable effort shall be made to ensure that the immediate blasting area remains undisturbed sufficient to preserve evidence of the accident until the department completes its initial investigation. In no event, however, shall this cessation last longer than three (3) working days, unless the commissioner determines that a longer period is necessary based upon the commissioner's finding of just cause. The requirements of this section do not apply to measures taken at the site to resume traffic flow, to facilitate emergency operations, or for the mitigation of damage.
(d)
Enforcement Authority.
The department may refuse to grant, or may suspend, revoke or refuse to renew any registration held under this chapter, and may assess a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) if an individual, and five thousand dollars ($5,000) if a firm, for each violation of this chapter or the rules promulgated hereunder.
(e)
Hearings and Judicial Review.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
(f)
Variations from Requirements.
The department may approve variations from the requirements of this chapter where the proposed variations from the specific requirements:
(1)
Are necessary;
(2)
Will not hinder the effective administration of the chapter; and
(3)
Will not be contrary to any other applicable law, either state or federal.
Acts 1975, ch. 93, § 9; T.C.A., §§ 53-6109, 68-44-109; Acts 1999, ch. 115, § 1; 2000, ch. 619, § 6; 2006, ch. 1017, § 3; 2007, ch. 204, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-110 - Local requirements preempted

This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by the chapter.
Acts 1975, ch. 93, § 10; T.C.A., §§ 53-6110, 68-44-110.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-111 - Penalties

Any person, firm, association, corporation or other entity that engages in activity governed by this chapter and is not registered as required by this chapter commits a Class A misdemeanor.
Acts 1975, ch. 93, § 11; T.C.A., § 53-6111; Acts 1989, ch. 591, § 113; T.C.A., § 68-44-111; Acts 2000, ch. 619, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-112 - Minimum insurance requirements

Each person applying for or renewing a firm registration certificate shall maintain a current liability insurance policy that includes blasting coverage, in the minimum amount of one million dollars ($1,000,000) during all blasting operations, for the use and benefit of any person who may be injured or aggrieved by wrongful act or omission of any employee, servant, officer, or agent in the conduct of business of the blaster, or the blaster itself. If the insurance policy ceases to be in effect, the firm registration certificate shall become invalid. This requirement shall not be construed so as to require employees and/or blasters to maintain such insurance coverage. This section shall not be applicable to any governmental entity, as defined in the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
Acts 1996, ch. 640, § 1; 2000, ch. 619, § 8; 2006, ch. 735, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-113 - Registration required prior to the purchase, receipt or possession of explosives

No person, firm, association, corporation or other entity shall purchase, receive, or take possession of explosives without first obtaining a registration from the department.
Acts 2000, ch. 619, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-114 - Application for registration - Expiration - Fees

(a)
The application for a firm registration to purchase, receive, or take possession of explosives shall be on a form prescribed by the department. The application shall indicate the applicant's name, address, type of business, general purpose for which the explosives shall be used and proof of insurance as required by §
68-105-112
, and shall be accompanied by a nonrefundable application fee. For any activity that requires registered blasters, the applicant shall provide the names and registration numbers of the registered blasters on the application.
(b)
Firm registrations to purchase, receive, or take possession of explosives shall expire three (3) years following the date of their issuance or renewal and are invalid on that date unless renewed. Renewal may be effected by the payment of a renewal fee. Firm registrations are not transferable.
(c)
The manufacture, handling, use, storage and transportation of explosives shall be in accordance with this chapter and the rules promulgated under this chapter.
(d)
All fees provided in this section shall be set by the department by rule, pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5.
Acts 2000, ch. 619, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-115 - Insurance requirement

Notwithstanding any other law to the contrary, a registered blaster or limited blaster who is not a full time employee of a registered firm shall have a current liability insurance policy that includes blasting coverage, in the minimum amount of one million dollars ($1,000,000), during all blasting operations for the use and benefit of any person who may be aggrieved by a wrongful act or omission of the blaster.
Acts 2000, ch. 619, § 9; 2006, ch. 735, § 3; 2007, ch. 231, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-117 - Administrative responsibility to the department of commerce and insurance

Construction and administration of examinations, forms, applications, etc., necessary for the administration of this chapter is the responsibility of the department.
Acts 2000, ch. 619, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-118 - Nonrenewal, revocation, or suspension of registration or application

(a)
The department may refuse to issue or renew, and revoke or suspend any registration or application if any registrant or applicant:
(1)
Has violated any provision of this chapter or any other state or federal law relating to explosives, or has violated any regulation duly promulgated by the department;
(2)
Has misrepresented or concealed any material fact in the application for a registration, or any document filed in support of the application;
(3)
Has permitted any employee of the person, either by direct instruction or by reasonable implication, to violate this chapter;
(4)
Has been terminated from employment due to possessing or being under the influence of intoxicants or possessing or using illegal drugs;
(5)
Has used explosives in an unsafe manner; or
(6)
Has been convicted in a court of competent jurisdiction of a felony, or is under indictment for the same.
(b)
Any current registration as a blaster, limited blaster, handler, or firm shall automatically become invalid if the registrant's ATF license or permit is revoked or otherwise becomes invalid.
Acts 2000, ch. 619, § 9; 2006, ch. 1017, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-119 - Creation of advisory council - Membership and terms - Role of advisory council

(a)
There is created in the department an advisory council on the commercial explosives industry. The advisory council shall consist of twelve (12) members. The term of each member shall be three (3) years. Membership shall include manufacturers, distributors and users of commercial explosives who are engaged in commercial mining, construction and demolition activities. A minimum of six (6) members shall be registered blasters. Three (3) members shall be representatives from other interested agencies.
(b)
The department is responsible for the administrative functions of the council. The members shall elect a chair of the advisory council for the three-year term.
(c)
All members of the advisory council shall be appointed by the commissioner. In making appointments to the advisory council, the commissioner shall be fair and nondiscriminatory.
(d)
Each member shall continue to serve after the expiration of the member's term until a successor shall have been duly appointed and qualified.
(e)
The commissioner may remove any member of the advisory council for misconduct, incompetence, or willful neglect of duty.
(f)
The advisory council shall meet at least two (2) times every calendar year.
(g)
Special meetings may be held at such times it is deemed necessary by the chair of the advisory council or by three (3) members of such council.
(h)
It is the duty of the advisory council to assist the department in developing reasonable policies and regulations that will protect public safety while promoting efficiency and effectiveness.
Amended by 2022 Tenn. Acts, ch. 871, s 7, eff. 7/1/2022.
Acts 2000, ch. 619, § 9.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 105 - TENNESSEE BLASTING STANDARDS ACT OF 1975 (§§ 68-105-101 — 68-105-121) › Section 68-105-120 - [Effective until contingency met] Exceptions

Nothing contained in this chapter shall apply to:
(1)
Personnel of the military or naval forces of the United States, or to the duly organized military force within the state, so long as these persons are acting within their respective official capacities and in the performance of their official duties;
(2)
Personnel of law enforcement entities, so long as these persons are acting within their official capacities and in the performance of their official duties;
(3)
The use of explosives for occasional agricultural blasting. "Agricultural blasting" means stump removal, beaver dam or lodge eradication and other similar types of personal agricultural use;
(4)
The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent edition of the official United States Pharmacopoeia or the National Formulary;
(5)
Fireworks as permitted by chapter 104 of this title; or
(6)
The use of explosive materials solely intended by the commercial manufacturer to be used to create an exploding target for use in lawful sporting activity or the use of an exploding target for its intended purpose in lawful sporting activity; provided, that the person using the explosive materials is eighteen (18) years of age or older.
Acts 2000 , ch. 619, § 9; 2007 , ch. 231, § 10; 2015 , ch. 397, § 3; 2021 , ch. 548, § 15.