Tennessee § 68-104-211 - Public displays — Permits — Fire prevention.

§ 68-104-211. Public displays — Permits — Fire prevention.

Items of fireworks that are to be used for public display only and that are otherwise prohibited for sale or use within this state include display shells designed to be fired from mortars and display set pieces defined as 1.3G fireworks or display fireworks in the regulations of the United States DOT for transportation of explosive and other dangerous articles. Public displays shall be performed only under competent supervision, and after the persons or organizations making the displays have applied for and received a permit for displays issued by the state fire marshal. Applications for permits for public displays shall be made in writing at least ten (10) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it is not hazardous to property and that it shall not endanger human lives; provided, however, that the fire marshal may accept applications and issue permits for public displays within the ten-day window and charge the applicant, in addition to the regular permit fee, an expedited permit fee, to be established by rule but not to exceed twice the amount of the regular permit fee, for the issuance of an expedited public display permit. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire department of the municipality. At the time the application for a permit is filed for a public display to be held within the limits of a municipality, the permittee shall send a written notification to the chief supervisory official of the police department of the municipality stating the date, time and location of the public display. At the time the application for a permit is filed for a public display to be held within the limits of the county but outside the limits of a municipality, the permittee shall send a written notification to the chief supervisory law enforcement official of the county stating the date, time and location of the public display. If the display is to be performed within the limits of a county, but outside the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory fire department officials of the county, or the officials' designees. The chief supervisory fire department officials of such county, or such officials' designee, shall have the authority to demand all necessary documentation to ensure that the permittee has a fire suppression vehicle or firefighter at the site of the fireworks display as required by this part. Such documentation does not have to be submitted to the department. The applicable fire department official who issues approval of the fireworks display pursuant to this section shall determine how many firefighters are required for such fireworks display. Permits issued shall be limited to the time specified in the permit, and shall not be transferable. Possession of special fireworks for resale to holders of a permit for a public fireworks display shall be confined to holders of a distributors permit only. The permittee conducting an outdoor public display of fireworks shall have at least one (1) fire suppression vehicle or apparatus with the necessary personnel on site during the outdoor display as determined by the fire department official with authority to issue approval of the fireworks display. The permittee is responsible for all costs associated with the fire suppression vehicle or apparatus. The permittee conducting an indoor public display of fireworks shall have at least one (1) trained firefighter or certified fire inspector on site during the indoor display. The trained firefighter or certified fire inspector may be a volunteer firefighter, a firefighter from another jurisdiction, or an inspector with the appropriate credentials as determined by the fire department official with authority to issue approval of the fireworks display. The permittee is responsible for all costs associated with the trained firefighters or certified fire inspectors. Immediately before the start of the program that includes the use of indoor fireworks, the owner of the building or the authorized representative of the owner, shall orally notify attendees of the location of all exits from the building to be used in the event of a fire or other emergency. At least two (2) working fire extinguishers shall be in the area where the fireworks are to be employed. In any building in which indoor fireworks are to be employed, signs designating the location of all emergency exits shall be posted in each restroom that is available to the public. Acts 1959, ch. 159, § 3; T.C.A., § 53-3007; Acts 1983, ch. 188, § 6; T.C.A., § 68-22-107 ; Acts 2003, ch. 328, §§ 1, 2; T.C.A. § 68-104-107 ; Acts 2006, ch. 839, §§ 4, 5; 2008, ch. 1076, § 2; 2010, ch. 853, §§ 1-3; 2019, ch. 321, §§ 1, 2. Compiler's Notes. Former § 68-104-107 was transferred to § 68-104-211 in 2006. Acts 2006, ch. 839, § 8, provided that licenses and certificates issued before May 1, 2007, shall have that as an issuance date. An exhibitor’s license issued on or before May 1, 2007, will expire unless renewed on April 30, 2007, and an operator’s certificate issued on or before May 1, 2007, will expire unless renewed on April 30, 2009. Amendments. The 2019 amendment, in (b) and (c)(1), substituted “is” for “shall be” preceding “responsible”; in (b), inserted “or apparatus” twice, and inserted “as determined by the fire department official with authority to issue approval of the fireworks display”; in (c)(1), inserted “or certified fire inspector” twice, inserted “, a firefighter from another jurisdiction, or an inspector with the appropriate credentials as determined by the fire department official with authority to issue approval of the fireworks display”, and added “or certified fire inspectors” at the end. Effective Dates. Acts 2019, ch. 321, § 3. May 8, 2019. Collateral References. Liability of private promoter or operator of public fireworks exhibition or display for personal injury, death, or property damage. 81 A.L.R.2d 1207. Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.