. A string protruding from the device is pulled to ignite it, expelling paper streams and producing a small report. 1179 (H.B. Sept. 1, 1999. Such devices include paraffin wax candles, LPG candles, torches, and LPG burners. (d) A person whose license has been expired for more than 90 days but less than two years may renew the license by paying to the state fire marshal all unpaid annual fees and an additional amount equal to the original license fee. Sparklers can be a fun addition to celebrations like the Fourth of July, but it is important to remember to use them safely and obey all laws and regulations. Houston, TX 77087Get Directions. (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. FIREWORKS SAFETY AND EDUCATION PROGRAM. The state of Texas has a variety of laws governing the use of fireworks. You should also avoid popping fireworks near hospitals, nursing homes, and other places where there are many people. All mail order sales of Fireworks 1.4G are prohibited. Never point or throw fireworks at another person, and keep them away from children. RULES. Acts 2015, 84th Leg., R.S., Ch. What Is Required to Sell Fireworks in Texas? 388, Sec. Texas regulations dont just cover when and where a person can use a firework, but include provisions on manufacturing and selling them, as well as conducting professional shows. Required fields are marked *. Fines for illegally using fireworks HFD stated, can range anywhere from $500 to $2000 for each individual firework. Trick Match Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. (2) may include any method of communicating the need for safe use of fireworks and the dangers of improper use. (2) "Department" means the United States Department of Transportation. (c) A person may not alter or deface a permit. (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. Copyright 2022, IsaLegal - All Rights Reserved. 2154.104. If you are planning to use fireworks in your backyard, it is important to familiarize yourself with the laws in Texas. 2154.303. (d) Each day a violation occurs or continues constitutes a separate offense. If you are going to use fireworks, be sure to read the safety instructions and use them in a safe manner. Read on to learn more. 6, eff. Sept. 1, 1999. (e) An insurer may not cancel a certificate of insurance issued under this section unless the insurer gives the state fire marshal notice of intent to cancel as required by the commissioner. It is illegal to light fireworks while standing in a field. 10, eff. College Station, TX 77840, 2023 The Greening Law Group. Sept. 1, 1999. 2154.207. 1276, Sec. (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. It is illegal to light fireworks while standing on a ladder. 1179 (H.B. 872, Sec. Added by Acts 2003, 78th Leg., ch. Its almost Independence Day, and were all getting the grill out to celebrate! (a) The commissioner: (1) shall administer this chapter through the state fire marshal; and. 539), Sec. (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. (c) A violation of Section 2154.251(a)(1), (2), (3), (4), (5), or (8) that results in property damage in an amount of less than $200 and does not result in bodily injury or death, or a violation of Section 2154.254(a) or (b), is a Class C misdemeanor. Residents are reminded this Independence Day that the City of Round Rock explicitly prohibits the sale or use of any fireworks. Your email address will not be published. (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. (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. It is also legal to possess fireworks that were purchased in another state as long as they are not classified as 1.4G.. Fireworks are still illegal up to 5,000 feet outside the city limits. (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. It is illegal to light fireworks while standing in a parking lot. While many enjoy the professional shows, they want to shoot off a few of their own as part of the celebration. 1179 (H.B. (c) The commissioner shall adopt rules for applications for licenses and permits. This includes the rural areas outside of cities and towns. In the City of Bryan, the possession, storage, sale, use and discharge of fireworks of all types are prohibited. It is legal to purchase fireworks in Texas from a licensed retailer. Expunction & Nondisclosure (a) A person manufacturing, storing, possessing, and selling fireworks constructed by that person must have a manufacturer's license. Auto Accidents SALES DISPLAY AREA. In Texas, fireworks are legal to purchase and use from June 24 through July 4 and December 31. 539), Sec. Sex Offenses (b) A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display without an appropriate license or permit. 3907), Sec. 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. The fee varies depending on the type of license you obtain. (a) The commissioner shall establish a fireworks safety and education program. It is important to check with your local government to find out the specific regulations in your area. For maximum safety, its important to know what the. 2154.003. (d) Unless the examination is administered by a testing service, a person shall be charged a nonrefundable initial examination fee in an amount not to exceed $50. Acts 2017, 85th Leg., R.S., Ch. 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. (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. 2154.001. These types of fireworks can only be used by licensed professionals. 872, Sec. (c) The term "bottle rocket" may not be used in association with the advertisement or sale of fireworks. Sept. 1, 2003. (2) by a local fire prevention officer authorized under Subsection (b) to inspect the site for a fire or life safety hazard and to assess and collect an inspection fee. (a) A person selling fireworks directly to the public must annually obtain a nonrenewable retail fireworks permit for each retail location. (b) A person may not manufacture, distribute, sell, or use fireworks in a public fireworks display without an appropriate license or permit. The fire marshal decides the fee, and these represent maximum amounts: Insurance is required for a public display permit. Fireworks licensing violations are Class B Misdemeanors which can result in a jail term up to 180 days and a fine not to exceed $2,000. (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. 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. (2) Fireworks 1.3G only to a licensed distributor or pyrotechnic operator, or to a fireworks public display permit holder for use in public fireworks displays in this state. How many times a year can you buy fireworks in Texas? (3) beginning the Wednesday before the last Monday in May and ending at midnight on the last Monday in May. Part 173 (1996). A Texas House Bill allows for the transportation of fireworks, however there are restrictions including where the fireworks are located inside the vehicle and if they are opened or unopened.See HB1813 for more information >>>. (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. In Texas, municipalities, school districts and other entities have the option to hold regular elections in May or November in any given year. Home NEWS Fireworks Laws in Texas | Could a Sparkler Really Cost You $2,000? Some counties and cities have comprehensive bans on all types of fireworks, while others only prohibit certain types, such as bottle rockets and Roman candles. You receive the results of the exam within 30 days. In addition to State law, most cities in Texas regulate the use and display of fireworks by way of specific city ordinances. (b) A person who is younger than 21 years of age may not be issued a pyrotechnic operator's license. (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. 388, Sec. The permit may not be issued without evidence of insurance as required by this section. 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. Sec. REGULATION OF FIREWORKS AND FIREWORKS DISPLAYS. Sept. 1, 2003. 1, eff. INDOOR RETAIL FIREWORKS SITES. Amended by Acts 2003, 78th Leg., ch. GENERAL REQUIREMENTS. The commissioner shall provide permits in books containing 20 permits each. (d) The holder of a multiple public display permit is not required to obtain a single public display permit. The fireworks sales building of an indoor retail fireworks site may not be: (2) part of a multiuse or multi-tenant building. The maximum amounts are as follows: You will also need insurance for a public display permit. 2154.1025. INSURANCE REQUIREMENT FOR PUBLIC DISPLAY PERMIT. 14.709(a), eff. Such as near churches, hospitals 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. June 15, 2007. (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. 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). (18) "Sale" means selling or offering for sale merchandise, equipment, or service, at wholesale or retail, to the public or to any person, for an agreed sum of money or other consideration. Part 173 (1996); (2) a model rocket or model rocket motor designed, sold, and used to propel recoverable aero models; (3) a propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate; (5) the sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or jobber if the fireworks are intended for shipment directly out of state under department regulations; (6) the sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for marine, aviation, or highway use; (7) the use of a fusee or a railway torpedo by a railroad; (A) use in a radio, television, film, or theater production; (B) a signal or ceremonial purpose in an athletic event; or. 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. The best way to get a bad law repealed is to enforce it strictly. An exam administered by the state fire marshal is required no matter the type of license you are looking to obtain. Sec. 2065), Sec. In general, you are allowed to pop fireworks in most unincorporated areas of the state. 374 (H.B. Can I Have My Texas Criminal Record Expunged? This restricts legal fireworks to private properties outside of the city limits.https://www.templetx.gov/news_detail_T13_R280.php, It is illegal to discharge fireworks in the City of Houston. What to Know About Firework Safety this Fourth of July, What to Know About Golf Cart Accidents in Texas, Be over 21 to obtain a pyrotechnic operators license, Take an exam administered by the state fire marshall. DISCIPLINARY HEARING. Amended by Acts 2003, 78th Leg., ch. Sec. 2154.206. fireworks are not allowed in the City Limits of Tomball. 2022 . (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. (A) imports fireworks into this state; or, (i) a jobber, retailer, or other distributor for resale; or. Upon ignition of the match, a small report or a shower of sparks is produced. To report illegal activity please contact the League City Public Safety Dispatch Center at 281-332-2566, Option #8. June 20, 2003. Added by Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2005. INSPECTION OF PUBLIC FIREWORKS DISPLAY. 1179 (H.B. (2) NFPA 1126, Standards for the Use of Pyrotechnics Before a Proximate Audience, 1996 Edition, as rules governing indoor displays. These include sparklers, fountains, novelties, and firecrackers. If you engage in any of these activities, you will have to know the laws regarding fireworks in Texas. Amended by Acts 2001, 77th Leg., ch. Lighting, buying, or even possessing fireworks within Dallas city limits is illegal. Child Injuries 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. (b) The policy 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 public fireworks display. 1 "I get it, there's an aspect of fireworks that is fun. FLAME EFFECTS OPERATOR'S LICENSE. (b) The commissioner may not include in the rules to prohibit false, misleading, or deceptive practices a rule that: (1) restricts the use of any advertising medium; (2) restricts the holder's personal appearance or the use of a holder's voice in an advertisement; (3) relates to the size or duration of an advertisement by the holder; or. (f) This section does not prevent the state fire marshal from denying or refusing to renew a license for any reason provided by law or the rules of the commissioner. LICENSE RENEWAL. (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. 728 (H.B. (c) A person conducting multiple fireworks displays at a single location may be issued a multiple public display permit. It is illegal to light fireworks while standing in a backyard. (b) The commissioner shall set and collect an annual manufacturer's license fee in an amount not to exceed $1,000. Amended by Acts 2003, 78th Leg., ch. Martin Luther King Jr. Day (officially Birthday of Martin Luther King, Jr., and often referred to shorthand as MLK Day) is a federal holiday in the United States marking the birthday of Martin Luther King Jr. The total annual fee is payable each time the license is renewed. (12) "Manufacturer" means a person, firm, corporation, or association who makes fireworks. 8, eff. (a) Definitions. 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. (2) supervise or conduct public fireworks displays. The ordinance also prohibits the possession of fireworks by a minor. In Texas, you do not need a permit to purchase or use fireworks, but there are some restrictions on where you can use them. Please remember for safety reasons , it is unlawful to discharge or possess fireworks within the city limits of League City . An altered or defaced license is void. Follow the instructions on the firework. Cigarette Load Small wooden peg that has been coated with a small quantity of explosive or pyrotechnic composition. Part 173 (1996). 2154.252. 1014, Sec. Section 173.56 (j) (1996). (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 . May I Legally Refuse Field Sobriety Tests if Stopped for DWI? (c) To qualify for a flame effects operator's license, a person must take and pass an examination and comply with any other requirements set by the commissioner through the state fire marshal's office. June 15, 2007. Please contact the League City Public Safety Dispatch Center at 281 - 332 - 2566 , Option #8 . 1420, Sec. 13.001, eff. Fort Worth | Keller | Southlake | Grapevine | Colleyville | Roanoke | Argyle | Trophy Club | Flower Mound | Tarrant County | Denton County | Disclaimer | Site Map | Privacy Policy. (2) the local fire prevention officer is: (A) a county fire marshal of the county in which the site is located; or. (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: (3) possess the fireworks for retail sale in this state; or (4) transport, use, or explode the fireworks in this state. September 1, 2005. Similar ordinances exist in Keller and Southlake, and most other Texas cities. You can use fireworks any day of the year as long as they are not banned in the area you live. (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. Acts 1999, 76th Leg., ch. Sec. Violating the regulations can result in fines or even jail time. Sell, store, manufacture, distribute, or display fireworks except as provided by this chapter or rules adopted by the commissioner under this chapter. 1, eff. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. For example, Fort Worth, Texas has enacted an ordinance making the sale, discharge or possession of fireworks within the incorporated city limits a Class C misdemeanor punishable by up to a $2,000.00 fine. 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. (b) A person may offer for sale to the general public Fireworks 1.4G only at authorized retail locations. (e) Money collected under Subsection (d) may be used only by the commissioner for the purposes of this section. (e) A licensed manufacturer may be required to submit samples of all fireworks to the state fire marshal for approval. 3, eff. 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