(a)As used in this chapter, the term:
(1)"Consumer fireworks" means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles.
(2)"Consumer fireworks retail sales facility" shall have the
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(a) As used in this chapter, the term: (1) "Consumer fireworks" means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles. (2) "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. (3) "Consumer fireworks retail sales stand" shall have the same meaning as provided for by NFPA 1124. (4) "Distributor" means any person, firm, corporation, association, or partnership which sells consumer fireworks. (5) "Electric plant" shall have the same meaning as provided for in Code Section 46-3A-1 . (6) "Fireworks" means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. (7) "Fireworks or pyrotechnics exhibition or display 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 National Fire Protection Association Standard 1123, Code for Fireworks Display , as adopted by the Safety Fire Commissioner; provided, however, that such term shall not include the use of pyrotechnic special effects in television and motion picture production when no audience is present. (8) "Flame effect" means the combustion of solids, liquids, or gases utilizing atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience or for use in motion picture and television production. (9) "NFPA 1124" means the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles , 2006 Edition. (10) "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 or secondary school in this state. (11) "Personal and private use" means the use of consumer fireworks for any activity other than any activity of a professional or commercial nature or for profit or commercial gain and intended, in particular, for household entertainment or enjoyment for private gatherings. (12) "Public exhibition or display of fireworks" means the use of pyrotechnics, display fireworks, consumer fireworks, or any combination thereof 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, however, that such term shall not include the private and personal use of consumer fireworks by the public. (13) "Pyrotechnics" means fireworks not intended for use by the general public. (14) "Special effect" means an audible or visual effect created for motion picture and television production through the use of flammable or combustible liquids, flammable solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and devices. (15) "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 than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and (B) Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section 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. (16) "Waste-water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2 . (17) "Water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2 . (b) As used in this chapter, the term "consumer fireworks" or "fireworks" shall not include: (1) Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term "consumer fireworks" or "fireworks" include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture.