§ 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.

Legislative History

Acts 2006, ch. 839, § 1; 2008 , ch. 1130, § 3.