HB 727 revises O.C.G.A. § 25-4-8 by requiring that any employee, volunteer, or private contractor shall not have pleaded guilty to a felony under the laws of this state. However, an individual may the recommended Georgia Firefighter Standards and Training Council training program to be authorized employment with a fire department.

The bill seeks to amend Chapter 10 of Title 25 of the O.C.G.A. relating to regulation of fireworks. Revisions are made to the definition for “store” so as to include the term shall only include buildings with at least 4,000 square feet of retail display space and no more than 25 percent of such retail display space is used for consumer fireworks. It further changes the stipulations for the legality of exploding fireworks by changing the acceptable hours of use from 10 A.M. to 9 P.M, on any day. On January 1, July 3, July 4, and December 31 of each year, it shall be lawful after the time of 9 P.M up to and including the time of 11:59 A.M; on January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. It shall be unlawful to sell consumer from a tent, canopy, or membrane structure. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section. 

The bill further amends the current law by: broadening the facilities one cannot explode fireworks within 100 yards of, including electric plants, water treatment plants, wastewater treatment plants, and facilities engaging in the retail sale of flammable or combustible liquids or gases in excess of 500 gallons; prohibiting the use of such materials near health care facilities or government property, such as historic sites, unless the actor is the owner or governing authority of such property or has been granted permission from such person; prohibiting the use of such materials at public gatherings upon the notice from law enforcement officials; and prohibiting the use of such materials under the influence of alcohol or drugs.

The Governor is allowed to enact further restrictions if they declare a drought; however no such restrictions shall be effective January 1, July 3, July 4, or December 31 of any year.

The initial license fee for a distributor selling consumer fireworks from a permanent retail facility shall be $1,500 per location, provided that the initial fee shall be $5,000 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016.

For each and every act in violation of this chapter monetary fine of $2,500 shall be subjected against the violator of the Chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject such violator that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person or entity is a distributor, then a license revocation for not more than two years. A new code section is created, O.C.G.A. § 25-10-11, allowing the Safety Fire Commissioner or their deputy to issue and deliver a cease and desist order when they believe anyone is in violation of this Chapter. Any order issued by the Safety Fire Commissioner shall contain a notice of opportunity for hearing, if the person accused requests one. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor.