September 1, 2011. These types of fireworks can only be used by licensed professionals. 2154.222. (3) the safe storage of Fireworks 1.3G and Fireworks 1.4G. 2154.004. 1105 University Dr E Suite 104
Child Injuries Roman candles are traditional fireworks that eject one or more stars or explode shells. Sec. We know that youre probably going to do it anyway, but we wanted to let you know what Texas law provides regarding fireworks on the 4th of July. Firework Laws in Texas | What You Need to Know FREE CONSULTATION Use this form to request your free consultation to have your case reviewed with one of our attorneys. 2023 The Gonzalez Law Group, PLLC. (e) A local fire prevention officer who inspects a retail fireworks site for a fire or life safety hazard may determine whether the site complies with the requirements of Sections 2154.221 and 2154.222. SALES DISPLAY AREA. 388, Sec. June 15, 2007. Section 173.56(j) (1996). Keep reading to see what your city enforces when it comes to fireworks. 388, Sec. (2) "Local fire prevention officer" means: (B) a fire prevention officer of an emergency services district. (a) If the state fire marshal proposes to suspend, revoke, or refuse to renew a person's license or permit, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. (ii) a holder of a single public display permit, a multiple public display permit, or another fireworks permit. Snapper Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. 1014, Sec. June 1, 2017. June 20, 2003. . 10, eff. Even though it is legal to buy, possess, and use consumer fireworks (1.4G) in the unincorporated areas of Harris County, there are some places you cannot use fireworks even in the unincorporated county. In Texas, there are many places where you are allowed to pop fireworks. (a) The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal fireworks. DISCIPLINARY HEARING. If you are going to use fireworks, be sure to read the safety instructions and use them in a safe manner. (d) A licensed manufacturer may manufacture, store, possess, and sell an item other than a permissible firework if the item is only for sale and delivery to authorized persons in a state in which the item is permissible. Wire Sparkler Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. What kind of fireworks are legal in Texas? 2, eff. The city of Lewisville prohibits the use of all fireworks, except for sparklers and small firecrackers. Added by Acts 2003, 78th Leg., ch. Period. ATF's regulatory enforcement and investigative programs work closely with industry members to ensure the proper storage and safeguarding of these items. There are many ways Texans like to celebrate the 4th, such as bonfires, barbecues, and beers. These include state parks, federal parks, and schools. 4, eff. The city of Irving prohibits the use of all fireworks, except for sparklers and small firecrackers. 2154.251. Domestic Violence It is important to note that local ordinances may prohibit the use of some or all types of fireworks, so it is always best to check with your local authorities before using any type of firework. Sec. 1179 (H.B. In Texas, it is legal to possess and use fireworks, with a few exceptions. (9) the use of a pyrotechnic device by a military organization. (e) This chapter does not limit the authority of the state fire marshal to inspect the location of the display or to require appropriate fire protection measures. The Gonzalez Law Group: Your Legal Team For Life! An exam administered by the state fire marshal is required no matter the type of license you are looking to obtain. The cities of Austin, Fort Worth, Houston, and San Antonio all have comprehensive bans on all types of fireworks. (b) Except as provided by Subsection (c), a person may not employ a person 16 years of age or older but younger than 18 years of age to sell fireworks at a retail sales location unless the person selling fireworks at that location is accompanied by another person who is at least 18 years of age. 728 (H.B. Explode or ignite fireworks within 600 feet of any church, a hospital other than a veterinary hospital, an asylum, a licensed child care center, or a public or private primary or secondary school or institution of higher education unless the person receives authorization in writing from that organization; Sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed; Explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold; Ignite or discharge fireworks in or from a motor vehicle; Place ignited fireworks in, or throw ignited fireworks at, a motor vehicle; Conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator; Conduct a proximate display of fireworks that includes Fireworks 1.3G or Fireworks 1.4G as defined in NFPA 1126 Standards for the Use of Pyrotechnics Before a Proximate Audience unless the person is a licensed pyrotechnic special effects operator and has the approval of the local fire prevention officer; or. (b) The commissioner shall set and collect an annual manufacturer's license fee in an amount not to exceed $1,000. (3) "NFPA Standard 1126" means the edition of the National Fire Protection Association, Standard 1126, "Standard for the Use of Pyrotechnics before a Proximate Audience," as adopted and amended by the commissioner. The City of Austin has adopted an ordinance forbidding the storage, use, and handling of fireworks within the City of Austin. The permit may not be issued without evidence of insurance as required by this section. (d) A person may not alter or deface a license. (c) A local fire prevention officer who inspects a retail fireworks site for a fire or life safety hazard as authorized by Chapter 352, Local Government Code, or Chapter 775, Health and Safety Code, as applicable, may assess the inspection fee provided by Section 352.016, Local Government Code, or by Section 775.040, Health and Safety Code, as applicable, and collect payment of that fee from the person who obtained a retail fireworks permit under Section 2154.202 to sell fireworks at the site. PYROTECHNIC SPECIAL EFFECTS OPERATOR'S LICENSE. Anyone found breaking these laws could be hit with a fine up to $2,000. This means that sparklers cannot be sold to anyone under the age of 18 and must be used in a safe and responsible manner. It is illegal to possess or use fireworks that are not sold by a licensed dealer. 2154.202. Drug Crimes DISCIPLINARY POWERS OF COMMISSIONER. (b) The state fire marshal may require the testing service to: (1) correspond directly with an applicant regarding the administration of the examination; (2) collect a reasonable fee from an applicant for administering the examination; or. **While no permit is required for the devices above, users should follow all of the Manufacturers safety, handling, and storage recommendations and these devices should always be used in a safe outdoor location. (h) In addition to the periods during which the sale of fireworks is authorized under Subsection (g), the commissioners court of a county by order may allow a retail fireworks permit holder to sell fireworks in that county only to the public and only during one or more of the following periods: (1) beginning February 25 and ending at midnight on March 2; (2) beginning April 16 and ending at midnight on April 21; and. Are fireworks legal in Texas city Texas? Acts 1999, 76th Leg., ch. If you ora family member have been injured by someones negligent use of fireworks, contact a, The Three Types of Product Liability Suits. Fort Worth | Keller | Southlake | Grapevine | Colleyville | Roanoke | Argyle | Trophy Club | Flower Mound | Tarrant County | Denton County | Disclaimer | Site Map | Privacy Policy. 2154.154. In Texas, all fireworks must be sold by a licensed dealer. The sales display area of an indoor retail fireworks site must be sufficiently designed to prevent customers from handling fireworks unless an attendant is directly assisting the customer. (f) A municipal or county ordinance, order, or rule in effect on September 1, 2003, is not invalidated by this chapter. June 24th through July 4th and December 20th through January 1st for the 4th of July and New Years Eve. You must be 500 feet away from any church, school, hospital or asylum unless the building has a permit. Required fields are marked *. In Texas, state law classifies sparklers as fireworks, meaning they are subject to the same regulations as other fireworks. (8) "Illegal fireworks" means a fireworks device manufactured, distributed, or sold in violation of this chapter. 1179 (H.B. JOBBER'S LICENSE. The city of McKinney prohibits the use of all fireworks, except for sparklers and small firecrackers. (c) If the notice of the examination result will be delayed for longer than 90 days after the examination date, the state fire marshal shall notify the examinee of the reason for the delay before the 90th day. (b) The commissioner shall set and collect an annual flame effects operator's license fee in an amount not to exceed $100. (2) may include any method of communicating the need for safe use of fireworks and the dangers of improper use. (8) sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter. A small quantity of explosive, not exceeding 50mg, also may be used to produce a small report. Contact (f) The commissioner shall adopt by reference the provisions of: (1) NFPA 1123, Code for Fireworks Display, 1995 Edition, as rules governing public displays; and. (g) Except as provided by Subsection (h), a retail fireworks permit holder may sell fireworks only to the public, and only during periods: (1) beginning June 24 and ending at midnight on July 4; (2) beginning December 20 and ending at midnight on January 1 of the following year; and. (A) imports fireworks into this state; or, (i) a jobber, retailer, or other distributor for resale; or. 13.001, eff. (12) "Manufacturer" means a person, firm, corporation, or association who makes fireworks. (b) If the expiration date of a license is less than one year from the date of its issuance or anniversary date, the license fee shall be prorated on the basis of the number of months during which the license is valid. 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