Ga. Comp. R. & Regs. R. 120-3-22-.02 - Definitions
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.
(15) "Wholesale"means the sale of consumer
fireworks within the State of Georgia for resale by others.
Notes
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