Consumer fireworks have been legal in Georgia since 2015 (HB 110, codified at O.C.G.A. § 25-10-1 et seq.). Under O.C.G.A. § 25-10-2, consumer fireworks may be ignited any day between 10:00 a.m. and 11:59 p.m., subject to the local noise ordinance. On New Year's Eve, January 1, the last Saturday and Sunday in May, July 3, July 4, and the first Monday in September, use is permitted from 10:00 a.m. up through 11:59 p.m., and on January 1 from midnight to 1:00 a.m. Fireworks are prohibited within 100 yards of fuel facilities, electric plants, water/wastewater treatment plants, electric substations, jails or prisons, hospitals and nursing homes. Chatham County cannot ban consumer fireworks but enforces noise, burn-ban, and 100-yard restrictions.
The Georgia Fireworks Safety Act (House Bill 110, 2015; expanded by SB 350) legalized 1.4G consumer fireworks statewide and is codified at O.C.G.A. § 25-10-1 (definitions) through § 25-10-13. O.C.G.A. § 25-10-2 sets the permitted-use hours: any day from 10:00 a.m. to 11:59 p.m., extended to 1:00 a.m. on New Year's Eve into New Year's Day, and from 10:00 a.m. to 11:59 p.m. on the last Saturday and Sunday in May, July 3, July 4, and the first Monday in September. The same statute prohibits use within 100 yards of an electric generating plant; water or wastewater treatment plant; a facility selling or storing more than 500 gallons of flammable or combustible liquids or gases; an electric substation; a jail or prison; a hospital, nursing home or licensed health-care facility; and within 100 yards of any public-use airport or marked helicopter landing area. Counties and municipalities may not ban consumer fireworks (O.C.G.A. § 25-10-2(c) and § 25-10-2(d)) but may enforce a general noise ordinance enacted or reenacted on or after July 1, 2018, provided the ordinance applies to all manner of sounds and not exclusively to fireworks. The Georgia Forestry Commission and local fire officials may suspend fireworks use when a state-issued burn ban or red-flag drought condition is in effect. Sale of consumer fireworks requires a license from the State Fire Marshal under O.C.G.A. § 25-10-5.1 and Georgia Rules 120-3-22. In unincorporated Chatham County, Chapter 21 (Health, Safety, and Sanitation) of the County Code addresses general nuisance and noise issues that interact with fireworks use, and the Chatham County Police Department and Chatham Emergency Management Agency may impose temporary restrictions during declared fire-weather conditions. Cities such as Savannah and Tybee Island administer their own noise ordinances.
Use of consumer fireworks outside the times set in O.C.G.A. § 25-10-2, or within a prohibited 100-yard zone, is a misdemeanor under O.C.G.A. § 25-10-2(b) and the general penalty provisions of O.C.G.A. § 17-10-3 (up to 12 months in jail and/or up to a $1,000 fine). Selling consumer fireworks without a State Fire Marshal license is also a misdemeanor under O.C.G.A. § 25-10-5.1. Violations of the Chatham County general noise ordinance during fireworks use are enforceable by code-enforcement citation. Causing fire damage or injury can also create civil liability and additional criminal exposure.
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