Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-3 - RULES OF SAFETY FIRE COMMISSIONER › Subject 120-3-22 - MANUFACTURING, STORAGE, SALES, EXHIBITIONS AND DISPLAYS OF FIREWORKS AND PYROTECHNICS, USE OF FLAME EFFECTS BEFORE A PROXIMATE AUDIENCE › Rule 120-3-22-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The definitions contained herein are in addition to and in
				  clarification of the definitions contained in the adopted codes and
				  standards.
(1) "Commissioner"means the
				Georgia Safety Fire Commissioner.
(2) "Consumer fireworks"shall have the same
				meaning as set forth in O.C.G.A. §
									25-10-1(a)(1).
				Consumer fireworks do not include those items listed in O.C.G.A. §
									25-10-1(b).
(3) "Consumer fireworks retail sales
				facility"shall have the same meaning as provided for by NFPA 1124; provided,
				however, that such term shall not include a tent, canopy, or membrane
				structure.
(4) "Distributor"means
				any person, firm, corporation, association, or partnership which sells consumer
				fireworks directly to the consumer or to other distributors.
(5) "Fireworks distributor license"means the
				license issued by the Safety Fire Commissioner that a distributor must maintain
				in order to legally sell consumer fireworks.
(6) "Fireworks or Pyrotechnics Exhibitions or
				Displays before a Proximate Audience"means any exhibition or display of
				fireworks, or any use of pyrotechnic special effects, that occurs within a
				building or structure or before an audience closer to the pyrotechnic devices
				than permitted by NFPA 1123,
Code for Fireworks
				Display
.
(7) "NFPA"means
				the National Fire Protection Association.
(8) "Nonprofit group"means any entity exempt
				from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any
				entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit
				Corporation Code,' or a sponsored organization of a public or private
				elementary school or secondary school in the state.
(9) "Person"means any individual, firm,
				partnership, corporation, company, association, joint stock association, and
				any trustee, receiver, assignee, or personal representative thereof.
(10) "Proper Identification"means a document
				issued by a governmental agency containing a description of the person or such
				person's photograph, or both, and giving such person's date of birth, including
				a passport, military identification card, driver's license, or identification
				card authorized under Code Sections
				40-5-100 through
				40-5-104.
(11) "Public exhibition or display of
				fireworks"means the use of pyrotechnics, display fireworks, consumer fireworks,
				or any combination of these for any purpose relating to the amusement or
				entertainment of the public that does not occur within a building or structure
				or before a proximate audience; provided that such term shall not include the
				private, personal use of consumer fireworks by the public.
(12) "Qualified Individual"means an
				individual including but not limited to a Georgia registered architect, a
				Georgia registered fire protection engineer, a Georgia registered professional
				engineer, a local building official, a local fire official, an individual
				certified as a Georgia certified fire inspector or an individual who has a
				national certification from a national codes organization acceptable to the
				State Fire Marshal.
(13) "State
				Fire Marshal"means the State Fire Marshal of Georgia or his or her
				designee.
(14) "Store"shall have
				the same meaning as provided for by NFPA 1124; provided, however, that such
				term shall only include such buildings with at least 4,000 square feet of
				retail display space and wherefrom:
(a) No
				more that 25 percent of the retail display space is used for consumer fireworks
				and items or products as provided for under O.C.G.A. §
										25-10-1(b);
				and
(b) Other items or products
				which are not consumer fireworks or items or products as provided for under
				O.C.G.A. §
										25-10-1(b)  are
				sold; and provided, further, that such term means a person, firm, corporation,
				association, or partnership with more than one mercantile location, where all
				such mercantile locations are collectively known to the public by the same name
				or share central management.