Ga. Comp. R. & Regs. R. 120-3-22-.09 - Licensing Requirements for Fireworks or Pyrotechnics Exhibitions or Displays before a Proximate Audience

(1) The applicant for a license must satisfy the Commissioner that all of the following requirements are met before the Commissioner issues a license for fireworks or pyrotechnic exhibitions or displays before a proximate audience:

(a) The applicant shall submit a completed application on a form prescribed by the Commissioner.

(b) The applicant shall submit to the Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia, or an insurer regulated pursuant to O.C.G.A. Title 33, Chapter 5, if insurance cannot be obtained from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Commissioner. An insurer which provided such coverage shall notify the Commissioner of any change in coverage in writing which falls below the minimal insurance requirements of this regulation.

(c) The applicant shall submit to the Commissioner a list naming each pyrotechnic operator that shall use pyrotechnics or pyrotechnic special effects before a proximate audience or within a building or structure pursuant to the license. Each pyrotechnic operator listed on the application for a license shall give his or her full name, age, date of birth, address, and written permission for a criminal background investigation. The applicant must submit evidence that each such pyrotechnic operator is qualified in accordance with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience as adopted and modified herein.

(d) Any natural person applying for a license, and each pyrotechnic operator listed on the application for a license, must give their permission for a criminal background investigation.

(e) The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5.

(f) The applicant shall comply with all other applicable portions of these regulations and standards adopted hereunder.

(g) The applicant shall provide any other information deemed necessary by the Commissioner.

(2) The licensee must apply for, and receive, an amended license issued by the Commissioner for any additional pyrotechnic operator employed by a person, firm, corporation, association, or partnership and who is not listed on the original license application. The applicant for an amended license must comply with the requirements of subsections (c) and (d), above, as to the additional pyrotechnic operator.

(3) The licensee must notify the Commissioner in writing within 10 days of the date the licensee withdraws sponsorship of a pyrotechnic operator who is listed on the license application. The reason for the licensee's withdraw of sponsorship must be stated.

Notes

Ga. Comp. R. & Regs. R. 120-3-22-.09

O.C.G.A. §§ 25-2-4, 25-2-16, 25-10-5.

Original Rule entitled "Requests for Modification of Specific Requirements"adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 23, 1998; eff. August 12, 1998. Amended: ER. 120-3-22-0.2-.09 adopted. F. and eff. June 10, 2003, the date of adoption. Amended: ER. 120-3-22-0.3-.09 adopted. F. and eff. Oct. 8, 2003, the date of adoption. Amended: Permanent Rule adopted. F. Jan. 16, 2004; eff. Feb. 5, 2004. Repealed: New Rule entitled "Licensing Requirements for Distributors of Consumer Fireworks"adopted. F. July 24, 2015; eff. August 13, 2015. Amended: New title "Licensing Requirements for Fireworks or Pyrotechnics Displays Before a Proximate Audience."F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.