Introduction

This article examines Georgia statutes concerning fireworks sales and explosive materials regulations in the context of retail pyrotechnic operations.

Scenario

A fireworks stand operates legally in a parking lot on Gray Highway in Macon, Georgia, during the July 4th holiday period. While a customer examines fireworks, a display item accidentally ignites, shooting sparks that burn a bystander browsing nearby. The stand owner holds all required permits and licenses. Signs warning about firework dangers are posted throughout the sales area.

Georgia Law

Fireworks Definition and Regulation

Georgia Code § 25-10-1(a)(1): “‘Consumer fireworks’ or ‘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.”

Fireworks Sales Requirements

Georgia Code § 25-10-5.1(b): “Any person, firm, corporation, association, or partnership which desires to sell consumer fireworks at retail in a permanent consumer fireworks retail sales facility or in a temporary consumer fireworks retail sales stand shall be required to obtain a license for each retail location from the judge of the probate court of the county in which the retail location is located.”

Safety Requirements for Fireworks Sales

Georgia Code § 25-10-5(a): “No person shall offer for sale or sell at retail or wholesale, or use or explode or cause to be exploded, or possess, manufacture, transport, or store any fireworks except as hereinafter provided.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a bystander injured at a licensed fireworks stand in Macon, Georgia. Georgia Code § 25-10-1 defines consumer fireworks. Georgia Code § 25-10-5.1 establishes licensing requirements. Georgia Code § 25-10-5 addresses safety requirements. These statutes establish the framework for fireworks stand owner liability under Georgia law.

FAQ

Q: How does Georgia Code § 25-10-1 define consumer fireworks? A: Georgia Code § 25-10-1(a)(1) defines them as “small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion.”

Q: What licensing does Georgia Code § 25-10-5.1 require? A: Georgia Code § 25-10-5.1(b) requires sellers to “obtain a license for each retail location from the judge of the probate court of the county in which the retail location is located.”

Q: What does Georgia Code § 25-10-5 regulate? A: Georgia Code § 25-10-5(a) states: “No person shall offer for sale or sell at retail or wholesale, or use or explode or cause to be exploded, or possess, manufacture, transport, or store any fireworks except as hereinafter provided.”

Q: Where are fireworks regulations found in the Georgia Code? A: Fireworks regulations are found in Georgia Code Title 25, Chapter 10.

Q: Does Georgia Code § 51-1-2 apply to fireworks vendors? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.