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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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8-17-216.1
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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8-17-230
Section 8-17-230 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. For the purposes of
this article, the following terms shall have the following meanings: (1) AMERICAN PYROTECHNICS
ASSOCIATION. An association of the fireworks industry promoting safety and regulatory compliance
in the design and use of legal fireworks. (2) ASSISTANT. A person who works under the supervision
of a pyrotechnic operator in accordance with NFPA 1123, NFPA 1126, and NFPA 160. (3) CO-LEAD.
A person who works under the supervision of a pyrotechnic operator in accordance with NFPA
1123, NFPA 1126, and NFPA 160 and is in training to become a pyrotechnic display operator
or pyrotechnic special effects operator, or both. (4) CONSUMER FIREWORKS. Small fireworks
devices containing restricted amounts of pyrotechnic composition designed primarily to produce
visible or audible effects by combustion that comply with the...
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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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8-17-233
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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8-17-232
Section 8-17-232 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) A person may not
provide pyrotechnics display, special effects, and flame effects in which the audience is
closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both,
without a pyrotechnic special effects operator license. An applicant for a pyrotechnic special
effects license shall submit all of the following to the State Fire Marshal: (1) Proof that
the applicant is at least 21 years of age at the time of application. (2) Proof of successful
completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics
training program approved by the State Fire Marshal for pyrotechnic special effects operators.
The training program test shall be given under the supervision of a person appointed by the
State Fire Marshal. (3) Verifiable evidence of active participation...
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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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8-17-274
Section 8-17-274 Fire Standards Compliant marking. (a) Cigarettes that are certified by a manufacturer
in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements
of Section 8-17-272. The marking shall be in eight point type or larger and consist of the
letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, engraved,
or embossed on the package at or near the UPC Code. (b) A manufacturer shall use only one
marking, and shall apply this marking uniformly for all packages including, but not limited
to, packs, cartons, cases, and brands marketed by that manufacturer. (c) Manufacturers certifying
cigarettes in accordance with Section 8-17-273 shall provide a copy of the certifications
to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents,
and retail dealers shall permit the State Fire Marshal, the Department of Revenue, the Attorney
General, and their employees to inspect markings of...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
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