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8-17-225
Section 8-17-225 Authority of State Fire Marshal to seize and destroy illegal fireworks.
The State Fire Marshal shall seize as contraband any fireworks other than the permitted "Class
C Common Fireworks" and related items defined in Section 8-17-217 or "special
fireworks" for public displays as provided in Section 8-17-216, which are sold,
displayed, used or possessed in violation of this article. The fire marshal is authorized
to destroy any illegal fireworks so seized. (Acts 1981, No. 81-409, p. 638, ยง16.)...
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8-17-221
Section 8-17-221 Requirements as to storage, display, etc., of fireworks; retail sales
of fireworks from tents, motor vehicles, etc.; inspection by State Fire Marshal, etc., of
premises where fireworks are to be stored or sold. (a) Placing, storing, locating, or displaying
of fireworks in any window where the sun may shine through glass onto the fireworks so displayed
or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where
the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places
where fireworks are stored or sold, there must be posted signs with the words "FIREWORKS
- NO SMOKING" in letters not less than four inches high. (b) No fireworks shall be sold
at retail at any permanent location where paints, oils or varnishes are for sale or use unless
kept in the original unbroken containers, nor where gasoline or other flammable liquid or
gas is used, stored or sold, if the use, storage, or sale creates an undue hazard to...
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8-17-214
Section 8-17-214 Revocation of permit for reasons of purchasing, receiving, etc., illegal
fireworks; notice of revocation; refusal to issue new permit to holder whose permit is cancelled
or revoked. (a) The State Fire Marshal may revoke any permit issued under the provisions of
this article upon evidence that the holder has purchased, received, sold, used, shipped, or
caused to be shipped any illegal fireworks in violation of this article. Notice must be given
in writing to the holder of a permit stating cause of revocation; if the permit revoked is
for a business located within Alabama, a copy of said notice of revocation must be supplied
to the judge of probate of the county in which such permit holder's business is located. (b)
The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder
of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks
for a period not to exceed three years. (Acts 1981, No. 81-409, p. 638,...
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8-17-211
Section 8-17-211 Permit for manufacture, sale, etc., of fireworks or pyrotechnics for
use before a proximate audience; record of sales; enforcement. (a) It shall be unlawful for
any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within
the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for
use before a proximate audience, without first having secured the required applicable permit,
as a manufacturer, distributor, wholesaler, retailer, or seasonal retailer, from the State
Fire Marshal. Possession of a permit is a condition prerequisite to manufacturing, selling,
or offering for sale, or shipping or causing to be shipped any fireworks or pyrotechnics for
use before a proximate audience into or within the State of Alabama, except as herein provided.
This provision applies to nonresidents as well as residents of the State of Alabama. Mail
orders where consumers purchase any fireworks or pyrotechnics for use before a...
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8-17-231
Section 8-17-231 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display
operator and pyrotechnic special effects operator licenses as provided in this article. (b)
A person may not provide a fireworks display without a pyrotechnic display operator license.
An applicant for a pyrotechnic display operator license shall submit all of the following
to the State Fire Marshal: (1) Proof that the applicant is 21 years of age at the time of
application. (2) Proof of successful completion, with a passing score of 75 percent or greater,
of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display
operators. The training program test shall be given under the supervision of a person appointed
by the State Fire Marshal. (3) Verifiable evidence of safe performances in active...
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8-17-233
Section 8-17-233 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
The State Fire Marshal may license pyrotechnic display operators and pyrotechnic special effects
operators by reciprocity. An applicant for a license by reciprocity shall be 21 years of age
and satisfy the requirements of subsection (b) or subsection (c). (b) For a pyrotechnic display
operator license, the applicant shall submit all of the following to the State Fire Marshal:
(1) Proof of a current Employer Possessor Letter of Clearance issued to the individual by
the Bureau of Alcohol, Tobacco and Firearms or consent to a criminal history background check
by the State Fire Marshal. (2) Proof of successful completion, with a passing score of 75
percent or greater, of an eight-hour training program approved by the State Fire Marshal for
pyrotechnic display operators. The training program test shall be given under the...
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8-17-216.1
Section 8-17-216.1 Use of pyrotechnics before a proximate audience. (a) The use of pyrotechnics
before a proximate audience shall comply with the requirements set out in the latest edition
of the National Fire Protection Association's Standard for the Use of Pyrotechnics Before
a Proximate Audience (NFPA 1126) as shall be adopted by the State Fire Marshal. For purposes
of this article, the term "proximate audience" shall mean an indoor audience closer
to pyrotechnic devices than permitted by the National Fire Protection Association's Code for
Fireworks Display (NFPA 1123). (b) No person shall use pyrotechnics before a proximate audience
without first obtaining a permit therefor from the State Fire Marshal. An application for
a permit for the use of pyrotechnics at an event with a proximate audience shall be filed
with the State Fire Marshal not less than 10 days prior to the planned date of the event.
The State Fire Marshal may accept an application for a permit under this section less...
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13A-10-205
Section 13A-10-205 Excluded persons and activities. Sections 13A-10-193, 13A-10-195,
13A-10-196, and 13A-10-200 shall not apply to any of the following: (1) A person authorized
to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant
to the laws of the United States, as amended, or when the person is acting in accordance with
the laws and any regulations issued pursuant thereto. (2) A person licensed as a blaster by
the State Fire Marshal, when the blaster is acting in accordance with the laws of the state
and any regulations promulgated thereunder and any ordinances and regulations of the political
subdivision or authority of the state where blasting operations are being performed. (3) Fireworks
and any person authorized by the laws of this state and of the United States to manufacture,
possess, distribute, transport, store, exhibit, display, or use fireworks when acting in accordance
with the laws and any regulations promulgated thereunder....
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8-17-210
Section 8-17-210 Definitions. As used in this article, the following terms shall have
the meanings ascribed to them in this section, unless clearly indicated otherwise:
(1) DISTRIBUTOR. Any person engaged in the business of making sales of fireworks for resale
to all holders of the required Alabama permits who in turn shall resell to any permit holder;
or any person who receives, brings, or imports any fireworks of any kind into the State of
Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. (2) D.O.T.
CLASS C COMMON FIREWORKS. All articles of fireworks as are now or hereafter classified as
D.O.T. Class C common fireworks in the regulations of the U.S. Department of Transportation
for the transportation of explosive and other dangerous articles. (3) MANUFACTURER. Any person
engaged in the making, manufacture, or construction of fireworks of any kind within the State
of Alabama. (4) PERMIT. The written authority of the State Fire Marshal issued under the...
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8-17-216
Section 8-17-216 Permits for sale, use, etc., of special fireworks for public displays.
(a) Nothing in this article shall be construed as applying to the shipping, sale, possession,
and use of special fireworks for public displays by holders of a permit for a public display
to be conducted in accordance with the rules and regulations governing this type of fireworks
by the Alcohol, Tobacco, and Firearms division of the United States Treasury Department, and
their requirements met and any permit or license required by them secured before application
for a state display permit is made. (b) Application for a state permit for public display
of special fireworks must be made in writing to the State Fire Marshal at least 10 days before
the display date. The State Fire Marshal may accept an application for a state permit for
public display of special fireworks less than 10 days before the display date if accompanied
by a fee of double the amount otherwise required. The application shall show...
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