An exam administered by the state fire marshal is required no matter the type of license you are looking to obtain. 1, eff. (2) other fireworks determined not acceptable by the United States Consumer Product Safety Commission. Each year, fireworks cause thousands of injuries in the United States. Spring Texas is located in unincorporated Harris County and fireworks are LEGAL in unincorporated areas of Harris County. All Rights Reserved. The fee to get the license varies depending on the type. If you live in the City of Houston, we have some bad news for you. 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. The Texas Fireworks Act also prohibits the sale of fireworks to anyone who is under the age of 18. (3) "Distributor" means a person who: (A) imports fireworks into this state; or INSPECTION OF RETAIL FIREWORKS SITES. The city of Plano prohibits the use of all fireworks, except for sparklers and small firecrackers. (e) Money collected under Subsection (d) may be used only by the commissioner for the purposes of this section. (b) The following are not permissible fireworks: (1) sky rockets or "bottle rockets" with: (A) a total propellant charge of less than four grams; (B) a casing size of less than five-eighths of an inch for the outside diameter and less than 3-1/2 inches in length; and, (C) an overall length, including stick, of less than 15 inches; and. (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. Added by Acts 2003, 78th Leg., ch. (b) The use of flame effects or pyrotechnics for entertainment, exhibition, demonstration, or simulation before an assembly of 50 people or more, except for public safety demonstrations, must comply with NFPA Standard 160 and NFPA Standard 1126 and the following standards and requirements: (1) if flame effects or pyrotechnics are used inside a building, the building must contain a complete operational fire-sprinkler system or provide personnel to implement a standby fire watch acceptable to the authority having jurisdiction; (2) before flame effects or pyrotechnics are used inside a building, an announcement to the assembly must be made giving verbal instruction regarding the location and use of available exits and information about the building fire protection and fire alarm systems; a determination by the authority having jurisdiction that an exit door is locked or obstructed constitutes a violation of this section; (3) the plan required by NFPA Standard 1126 or NFPA Standard 160 detailing the criteria for use and display of pyrotechnics and flame effects must be provided to the local authority having jurisdiction; (4) at least one Texas pyrotechnic special effects operator's licensee must be present on-site at all times where pyrotechnics are used, discharged, or ignited; (5) at least one Texas flame effects operator's licensee must be present on-site at all times where flame effects are used, discharged, or ignited; (6) the on-site licensee shall be responsible for complying with this section; (7) the licensee or the licensee's employer must obtain a permit from the local authority having jurisdiction before the use, discharge, or ignition of a flame effect or pyrotechnics; and. In Collin County, it is legal to discharge fireworks . "Illegal fireworks" means a fireworks device manufactured, distributed, or sold in The city of Lewisville prohibits the use of all fireworks, except for sparklers and small firecrackers. The short answer is No, unless you have a license to purchase, use, store, manufacturer, supply and transport fireworks than it is illegal to possession, let off or supply fireworks. In Texas, fireworks are legal to purchase and use from June 24 through July 4 and December 31. 2154.001. Booby Trap Small tube with string protruding from both ends, similar to a party popper in design. Citizens who have fireworks, which are illegal, may turn them in to the Inspection Division without penalty by contacting 512-218-5590. (4) transport, use, or explode the fireworks in this state. Cigarette Load Small wooden peg that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced. STATE FIRE MARSHAL'S AUTHORITY REGARDING EXAMINATIONS; RULES. 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. 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. As Texas State law permits the sale of consumer fireworks for 24 days each year from June 24 through July 1st and December 20th through January 1st. Legal Definition Of Notwithstanding Clause. The fine for doing so could be as high as $2,000, on top of any damage the firework may have caused. (f) Except as otherwise provided by Subsection (e), this section does not grant additional authority to a local fire prevention officer. You must be 18 or older to get a license for any of the above, except for the pyrotechnic operators license; you must be over 21 to get that. All Rights Reserved. 2154.001. 1179 (H.B. 1 "I get it, there's an aspect of fireworks that is fun. (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. 967 (S.B. It's illegal to explode or ignite fireworks 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. PERMISSIBLE FIREWORKS. Expunction & Nondisclosure (c) Not later than the 30th day after the hearing on the seizure, the court may authorize the return of part or all of the confiscated fireworks. In Texas, municipalities, school districts and other entities have the option to hold regular elections in May or November in any given year. 3907), Sec. Please remember for safety reasons , it is unlawful to discharge or possess fireworks within the city limits of League City . Box 149221 Austin, TX 78714-9221 512.305.7932: LAW NUMBER: Insurance Code - Article 5.43-4 (Fireworks) Fireworks rules - 28 T.A.C. Where is wearing a tie illegal? (a) The state fire marshal, a fire chief, a fire marshal, their deputies, or a peace officer may seize illegal fireworks. (a) The commissioner by rule may provide for different expiration dates for the various types of licenses. 3, eff. ATF's regulatory enforcement and investigative programs work closely with industry members to ensure the proper storage and safeguarding of these items. Despite what you may have seen in the movies, it's illegal to shoot fireworks from or towards a motor vehicle, including boats. Sec. 1, eff. Acts 1999, 76th Leg., ch. The commissioner is not required to give bond as a condition to the issuance of injunctive relief. El Paso prohibits the use of all fireworks except sparklers and small firecrackers. (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. September 1, 2015. The ordinance also prohibits the possession of fireworks by a minor. 2154.104. 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 city of Grand Prairie prohibits the use of all fireworks, except for sparklers and small firecrackers. EMPLOYMENT OF MINORS. (c) The requirements provided by Subsection (b) do not apply to traditional, nontheatrical public displays such as: (1) use of lighted candles in restaurants or during religious services; (2) fireplaces in areas open to the public; (3) restaurant cooking visible to the public; (4) the outdoor use of consumer fireworks by the general public; or. 2154.152. LICENSE RENEWAL. The cities of Austin, Fort Worth, Houston, and San Antonio all have comprehensive bans on all types of fireworks. Pay the fee to get the license. 2154.223. (e) A retail fireworks permit expires on January 31 each year and is not renewable. Amended by Acts 2003, 78th Leg., ch. June 15, 2007. (a) Unless the fireworks conform to the standards of the United States Consumer Product Safety Commission and the department, a person in this state may not: (2) offer the fireworks for retail sale; (3) possess the fireworks for retail sale in this state; or. 1014, Sec. To get rid of fireworks, contact the fire department at 817-392-6850 or FWFire@fortworthtexas.gov to arrange a return or pickup. (c) A person conducting multiple fireworks displays at a single location may be issued a multiple public display permit. (c) Evidence of the liability insurance policy required by this section must be in the form of a certificate of insurance issued by an insurer authorized to do business in this state and countersigned by an insurance agent licensed in this state. 2154.252. (b) The owner of the seized fireworks may file an action contesting the seizure in a district court in the county in which the fireworks were seized. The permit may not be issued without evidence of insurance as required by this section. Sept. 1, 2003. 10, eff. In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. 1, eff. If youre in any doubt, check with your citys local government before buying, selling, or using fireworks. Sec. Box 12030, Austin, TX 78711 | 512-676-6000 | 800-578-4677. The commissioner shall set and collect an annual multiple public display permit fee in an amount not to exceed $400. Fireworks are. In this chapter: (1) "Commissioner" means the commissioner of insurance of Texas. DUPLICATE LICENSE; LICENSE CHANGES. Fireworks are illegal in Bryan Residents looking for ways to celebrate the Independence Day holiday should ensure they do so safely and in accordance with City of Bryan laws. 9, eff. If the political subdivision has no fire marshal, the chief executive of the local fire protection district or emergency services district shall be the authority having jurisdiction. 388, Sec. Sec. (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. (b) The general liability insurance policy required by this section shall be conditioned to pay the amount of money the insured becomes obligated to pay as damages because of bodily injury and property damage caused by an occurrence involving the insured or the insured's servant, officer, agent, or employee in the conduct of a display of pyrotechnics and flame effects. Sec. (d) A person may not alter or deface a license. 2023 The Gonzalez Law Group, PLLC. However, there may be restrictions on where you can pop them. (d) A person shall be charged a nonrefundable initial examination fee in an amount not to exceed $30. Independence Day is right around the corner. (c) A person may not alter or deface a permit. It is observed on the third Monday of January each year. Houston, TX 77087Get Directions. June 20, 2003. (A) imports fireworks into this state; or, (i) a jobber, retailer, or other distributor for resale; or. (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. 2154.251. 374 (H.B. Make sure an adult is always watching. Acts 2005, 79th Leg., Ch. DISCIPLINARY HEARING. 872, Sec. A person who is younger than 18 years of age may not be issued another permit under this subchapter. The minimum age of a person issued another license under Subchapter D is 18 years of age. Sec. 2022 . The inspection fee may not exceed: (1) $100, if the largest building at the site is less than 25,000 square feet, plus $25 for each additional building, other than the largest building, located at the site; (2) $200, if the largest building at the site is 25,000 square feet or more, but less than 100,000 square feet, plus $25 for each additional building, other than the largest building, located at the site; and. Within Austin city limits, which is not under the county's burn ban, fireworks are illegal. Sec. The City of Austin has adopted an ordinance forbidding the storage, use, and handling of fireworks within the City of Austin. You can use fireworks any day of the year as long as they are not banned in the area you live. (1) shall provide information relating to the proper and safe use of fireworks and the dangers of the improper use of fireworks; and. Can I Have My Texas Criminal Record Expunged? 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