Sec. The manufacturer, distributor, or jobber shall keep a record of all permits issued and shall submit the record to the commissioner through the state fire marshal in the manner required by the commissioner. (d) A certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state may be filed with the commissioner as evidence of coverage required by this section. The fireworks sales building of an indoor retail fireworks site may not be: (2) part of a multiuse or multi-tenant building. https://www.waco-texas.com/fire/fire-prevention.asp#gsc.tab=0, Even though fireworks sales are legal in Bell County, it remains against the law to sell, possess, or set off fireworks in the city limits. (d) A person may not alter or deface a license. 1420, Sec. INDOOR RETAIL FIREWORKS SITES. College Station, TX 77840, 2023 The Greening Law Group. If you ora family member have been injured by someones negligent use of fireworks, contact a, The Three Types of Product Liability Suits. The Fourth of July isn't until. 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. 9, eff. The Texas Department of Insurance recommends consumers to: Always buy fireworks from an established retail outlet. (b) A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display without an appropriate license or permit. Fines for illegally using fireworks HFD stated, can range anywhere from $500 to $2000 for each individual firework. (a) Except as provided by Subsection (b), Fireworks 1.4G are permissible fireworks. Sept. 1, 1999. The ash expands in length as the pellet burns. Each year, fireworks cause thousands of injuries in the United States. Added by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. These include sparklers, fountains, novelties, and firecrackers. Wrongful Death If you are planning to pop fireworks in Texas, always make sure to check with local authorities to make sure that they are allowed in the area where you are planning to do so. In general, you are allowed to pop fireworks in most unincorporated areas of the state. If a minor is caught with fireworks, the parent or guardian will receive the fine even if they were unaware of the minors possession and/or usage. However, before you buy fireworks, it`s best to familiarize yourself with the Texas fireworks laws in your area. (11) "Jobber" means a person who purchases fireworks only for resale to retailers. Sec. (a) The state fire marshal shall notify each examinee of the results of the examination not later than the 30th day after the date an examination is administered. 10A.550, eff. Harris County was second only to Tarris County (Ft. Worth) in number of fires caused by fireworks, so its crucial that you are safe when using them. Sept. 1, 2003. 374 (H.B. You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. The story is much different in Houston, where fireworks of all kinds are not allowed within the city limits, although some are allowed in the outskirts of Harris County. 1014, Sec. (2) NFPA 1126, Standards for the Use of Pyrotechnics Before a Proximate Audience, 1996 Edition, as rules governing indoor displays. Sept. 1, 1999. Added by Acts 2017, 85th Leg., R.S., Ch. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorneys 1, eff. (b) A person who has a license or permit revoked may not reapply for the license or permit earlier than one year from the date of revocation. (e) A licensed manufacturer may be required to submit samples of all fireworks to the state fire marshal for approval. (1) Fireworks 1.4G only to a licensed distributor or jobber; and. If you have sustained a serious injury or are facing criminal charges,contact the Gonzalez Law Grouptoday to learn more about how we can help you through every step of the legal process ahead. 2154.155. The act allows the use of fireworks that are classified as 1.3G, which are also known as safe and sane fireworks. However, you should always check with local authorities to make sure that fireworks are allowed in the area where you are planning to pop them. Drug Crimes FIREWORKS SAFETY AND EDUCATION PROGRAM. The city of Arlington allows the use of all types of fireworks, except for fireworks that explode or travel more than 12 inches off the ground. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (4) establish a procedure for reporting and processing complaints. The ordinance also prohibits the possession of fireworks by a minor. Roman candles are traditional fireworks that eject one or more stars or explode shells. June 15, 2007. The League City Fire Marshal's Office hopes everyone has a happy and . You will probably start seeing the notices spread across social media from local police departments, warning that setting off fireworks (including sparklers) is illegal inside of city limits. June 20, 2003. Intoxication Offenses Fireworks purchased at stands outside the city limits (except for items listed above) are illegal to use or own. 3907), Sec. 388, Sec. (5) "Pyrotechnics" means an explosive composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation as defined by NFPA Standard 1126. 5, eff. Within Austin city limits, which is not under the county's burn ban, fireworks are illegal. (3) "Distributor" means a person who: (A) imports fireworks into this state; or The use of fireworks is prohibited in the following places: Within 500 feet of a hospital, nursing home, or other healthcare facility, Within 500 feet of a school or public playground, Within 100 feet of an opera house or church, Within 25 feet of any gasoline station or other business that sells gasoline or other flammable liquids. 13.001, eff. (2) other fireworks determined not acceptable by the United States Consumer Product Safety Commission. Sec. 11.155, eff. 1179 (H.B. (b) A person may offer for sale to the general public Fireworks 1.4G only at authorized retail locations. (d) The holder of a multiple public display permit is not required to obtain a single public display permit. The fines are anywhere from $500 $2000 for each individual firework. Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000? (f) An outdated permit may be exchanged for a current permit only in the year following the permit's expiration. Sec. 1, eff. (a) The commissioner: (1) shall administer this chapter through the state fire marshal; and. (6) "Fireworks 1.3G" means a large fireworks device: (A) primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and. MORE STORIES RELATED TO THE HOLIDAYS. (2) "Flame effects" means a stationary or hand-held device of solid, liquid, or gas, designed specifically to produce an open flame when ignited to display a thermal, physical, visual, or audible phenomenon as defined in NFPA Standard 160. Sec. (a) The commissioner may, through the state fire marshal, suspend, revoke, or refuse to issue or renew a license or permit if the commissioner finds that any provision of this chapter, or any rule adopted under this chapter, has been violated. The commissioner may waive an examination requirement for an applicant with a valid license from another state if, in the commissioner's opinion, the license requirements of the other state are substantially equivalent to those of this state. (c) The term "bottle rocket" may not be used in association with the advertisement or sale of fireworks. The Gonzalez Law Group: Your Legal Team For Life! Sec. The state fire marshal or the state fire marshal's designee shall be the authority having jurisdiction if the political subdivision has no fire marshal, local fire protection district, or emergency services district. Sec. Sec. (3) beginning May 1 and ending at midnight on May 5 if the fireworks are sold at a location that is not more than 100 miles from the Texas-Mexico border and that is in a county in which the commissioners court of the county has approved the sale of fireworks during the period. Sec. Can you do fireworks in your backyard in Texas? There are constraints for each, and great concern must be paid to fire safety at all times. Main Event shows typically cost in the $7,000 to $20,000 range. Acts 1999, 76th Leg., ch. (15) "Pyrotechnic operator" means an individual who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1.3G or Fireworks 1.4G. (16) "Pyrotechnic special effects operator" means an individual who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1.3G or Fireworks 1.4G. Short answer, no. PENALTIES. Before your celebrations, its always best to review the above regulations under the Texas Occupations Code and check your local city ordinances online to ensure that youre legally possessing, using and displaying fireworks. 2154.252. For maximum safety, its important to know what the fireworks laws are in Texas, as well as the city of Houston. September 1, 2011. This means that sparklers cannot be sold to anyone under the age of 18 and must be used in a safe and responsible manner. (c) Fireworks may not be sold or offered for sale to children under 16 years of age or to an intoxicated or incompetent person. The fire marshal decides the fee, and these represent maximum amounts: Insurance is required for a public display permit. You should also avoid popping fireworks near hospitals, nursing homes, and other places where there are many people. (2) "Department" means the United States Department of Transportation. (8) sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter. 2154.152. The state law governing the use of fireworks is the Texas Fireworks Act, which was enacted in 2011. The maximum amounts are as follows: You will also need insurance for a public display permit. PUBLIC DISPLAY PERMIT. 710 (H.B. 2154.201. 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. 1147 (H.B. Amended by Acts 2003, 78th Leg., ch. (a) The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal fireworks. Use this form to request your free consultation to have your case reviewed with one of our attorneys. Devices containing any chlorate or perchlorate salts may not exceed 5g of composition per item. Each county commissioners court can also permit firework sales for: Texas Independence Day (February 25th-March 2nd), Memorial Day (the Wednesday before Memorial Day through Memorial Day), Within 100 ft. of a place where flammable liquid and/or flammable gasses are sold or stored, Within 600 feet of any church, hospital, 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. It is illegal to use aerial fireworks in the city limits of any Texas city. 2154.102. The below items are not considered fireworks and can be used, according to the city's website.. (a) The commissioner shall set and collect a permit fee in an amount not to exceed $50 for a Fireworks 1.3G single public display permit. It is also legal to possess fireworks that were purchased in another state as long as they are not classified as 1.4G.. It is illegal to store fireworks in a container that is not designed to store fireworks. (2) supervise or conduct public fireworks displays. (a) In addition to any other requirements, an applicant for a public display permit must submit to the state fire marshal evidence of a general liability insurance policy in an amount of not less than $500,000 unless the commissioner increases or decreases the amount under Section 2154.051. 1014, Sec. (b) The commissioner shall set and collect an annual manufacturer's license fee in an amount not to exceed $1,000. Houston, TX 77087Get Directions. Expert Answers: LUBBOCK, Texas (NEWS RELEASE) - Heading into Independence Day weekend, Lubbock Fire Rescue reminds citizens that fireworks are illegal inside Lubbock city Last Update: Jan 03, 2023 This is a question our experts keep getting from time to time. Fireworks Pyromusicals are usually computer fired from multiple locations, choreographed to music, and involve large numbers of fireworks. (19) "State fire marshal" means the chief law enforcement officer of the state charged with the responsibility of fire prevention. The cities of Austin, Fort Worth, Houston, and San Antonio all have comprehensive bans on all types of fireworks. 2154.207. (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. Keep reading to see what your city enforces when it comes to fireworks. 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. (c) A person whose license has been expired for 90 days or less may renew the license by paying to the state fire marshal the required annual fee and an additional amount equal to one-half of the original license fee. June 24th through July 4th and December 20th through January 1st for 4th of July and New Years Eve. If you wish to sell fireworks in Texas, you must: Fireworks can only be sold, purchased, and lit at certain times. Sept. 1, 2001. A multiple public display permit is valid for one year from the date of issuance and is not renewable. June 20, 2003. It's illegal to sell or shoot fireworks within 100 feet of a place where flammable liquids, flammable compressed gasses or fireworks are sold or stored. (d) If requested in writing by a person who fails the licensing examination, the state fire marshal shall send the person an analysis of the person's performance on the examination. Added by Acts 2003, 78th Leg., ch. 2154.003. If an action contesting the seizure is not filed by the 30th day after the seizure, the seizing agent or the sheriff shall destroy the fireworks. (a) In addition to any other requirements, an applicant for a permit under Section 2154.253 must submit to the authority having jurisdiction evidence of a general liability insurance policy in an amount of not less than $1 million unless the commissioner decreases the amount under Section 2154.051. 1951), Sec. Added by Acts 2003, 78th Leg., ch. A squib is used to ignite the device. (5) "Fireworks" means a composition or device: (A) designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation; and (B) defined by 49 C.F.R. Sec. June 15, 2007. An altered or defaced permit is void. 3, eff. If you live in the City of Houston, we have some bad news for you. The City will continue to enforce, in compliance with state law, fire and safety regulations within the city. 3907), Sec. A string protruding from the device is pulled to ignite it, expelling paper streams and producing a small report. 2154.303. It is illegal to light fireworks while standing in a backyard. (d) Each day a violation occurs or continues constitutes a separate offense. RETAIL FIREWORKS PERMIT. Box 12030, Austin, TX 78711 | 512-676-6000 | 800-578-4677. Truck Accidents The state of Texas has a variety of laws governing the use of fireworks. (b) A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display without an appropriate license or permit. Amended by Acts 2003, 78th Leg., ch. 1420, Sec. (b) This chapter does not limit or restrict the authority of a county, where specifically authorized by law, or municipality to enact an ordinance or order prohibiting or further regulating fireworks. (a) A municipal or county ordinance, order, or rule in effect on January 2, 1986, is not invalidated by this chapter. https://houstontx.gov/fire/safetyinfo/fireworks.html. Section 2154.003 Permissible Fireworks. (a) A person may not: (1) 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; (2) sell at retail, explode, or ignite fireworks within 100 feet of a place where flammable liquids or flammable compressed gasses are stored and dispensed; (3) explode or ignite fireworks within 100 feet of a place where fireworks are stored or sold; (4) ignite or discharge fireworks in or from a motor vehicle; (5) place ignited fireworks in, or throw ignited fireworks at, a motor vehicle; (6) conduct a public fireworks display that includes Fireworks 1.3G unless the person is a licensed pyrotechnic operator; (7) 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. Sec. Download TEXAS STATE LAWS MS Word WordPerfect These include sparklers, fountains, novelties, and firecrackers. Trick Noisemaker Item produces a small report intended to surprise the user. (a) Except as provided by Subsection (b), Fireworks 1.4G are permissible fireworks. FLAME EFFECTS OPERATOR'S LICENSE. DISTRIBUTOR'S LICENSE. It is legal to purchase fireworks in Texas from a licensed retailer. Expunction & Nondisclosure These items may not contain magnesium and must not exceed 100g of composition per item. September 1, 2017. Dallas prohibits the use of fireworks other than sparklers, novelty fireworks, and small firecrackers. Fireworks manufactured, distributed, sold, or used without an appropriate license or permit are illegal fireworks. Acts 2005, 79th Leg., Ch. It is illegal to light fireworks while standing on a roof. In College Station, the discharge of fireworks within 5,000 feet of the city limits is a misdemeanor and can result in fines up to $2,500. (C) a person authorized to represent an insurance fund or pool created by a city, county, or other political subdivision of the state under Chapter 791, Government Code. Trick Match Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. (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. Some states allow fireworks to be set off in certain public places, but there are usually restrictions on where and when they can be used. If you are planning to use fireworks in your backyard, it is important to familiarize yourself with the laws in Texas. In Texas, all fireworks must be sold by a licensed dealer. What Is Required to Sell Fireworks in Texas? The fireworks sales building of an indoor retail fireworks site must be a freestanding durable structure with only one story of the building accessible to the public. 2154.055. (2) obtain or attempt to obtain a license by fraudulent representation. The State of Texas authorizes the sale of fireworks during six periods annually. (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. 539), Sec. To report illegal activity DO NOT CALL 9 - 1 - 1 . (a) A person commits an offense if the person violates Section 2154.101(b), (c)(2), or (d), 2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F. (b) Except as provided by Subsection (c), an offense under this section is a Class B misdemeanor. (b) The commissioner shall adopt and the state fire marshal shall administer rules the commissioner considers necessary for the protection, safety, and preservation of life and property, including rules regulating: (1) the issuance of licenses and permits to persons engaged in manufacturing, selling, storing, possessing, or transporting fireworks in this state; (2) the conduct of public fireworks displays; and.