A display permit, issued by Texas State Fire Marshal's Office, would be required if a fireworks show contains 1.3G fireworks. 1.3G fireworks are professional grade fireworks and are not available to the general public (can’t buy at a fireworks stand). The display must have a licensed pyrotechnic operator on site at all times. The pyrotechnic operator’s license is also issued by the TSFMO.
Any show, before an audience of 50 or more people, that contains 1.4G fireworks (consumer fireworks), must have a licensed special effects operator on site. The special effects operator’s license is also issued by the TSFMO. Below you will find a notice that the Texas State Fire Marshal's Office posted last year in regards to these type of shows.
Additionally, VFIS provides a Fireworks Risk Communique, which you can download for free by CLICKING HERE.
State Fire Marshal’s Notice
State Fire Marshal Reminder Related to Pyrotechnic Displays with Consumer 1.4G Fireworks
It has come to the attention of the State Fire Marshal's Office that the general public may be engaging in acts that place them in violation of the Fireworks Statute and Rules. This includes businesses, organizations, neighborhood associations, and individual citizens who hold fireworks displays before an assembly of 50 or more people using consumer fireworks, also called 1.4G fireworks. The following is offered as clarification and as a reminder of the importance to remain in complete compliance with all provisions, rules, regulations and/or statutes enacted to govern fireworks in Texas.
This notice applies to pyrotechnic displays for entertainment, exhibition, demonstration, or simulation before an assembly of 50 people or more and using consumer fireworks (fireworks 1.4G).
§ 2154.253.(b) (Texas Occupations Code, Regulation of Fireworks)
At least one Texas licensed special effects pyrotechnic operator must be present on-site at all times where pyrotechnics are used, discharged, or ignited. The on-site licensee is responsible for complying with this section.
§ 2154.253(b)(4) & (6) (Texas Occupations Code, Regulation of Fireworks)
The licensee or the licensee’s employer must obtain a permit from the local authority having jurisdiction before the use, discharge, or ignition of pyrotechnics.
§ 2154.253.(b)(7) (Texas Occupations Code, Regulation of Fireworks)
The applicant for the permit must provide evidence of insurance in the form of a general liability insurance policy in an amount of not less than $1 million, conditioned to pay for damages caused by an occurrence involving a display of pyrotechnics.
§ 2154.253.(b)(8) & 2154.207 (Texas Occupations Code, Regulation of Fireworks)
Violation of this section constitutes a Class A misdemeanor offense. Each day a violation occurs or continues constitutes a separate offense. Venue under this section is in the county in which the offense is committed or in Travis County.
§ 2154.253.(e) (Texas Occupations Code, Regulation of Fireworks
Since the 4th of July holiday is right around the corner, some of our fire departments will be setting off fireworks displays. State law in Texas requires individuals who assemble, conduct and supervise the setting off of Fireworks 1.3G for public display to have a Pyrotechnic Operator’s License which is $45 initially and $25 for renewal. Fireworks 1.3G are sold by licensed distributors and are larger than the normal fireworks sold at a stand. A state permit is also required for single display ($50) or multiple display ($400). This permit also requires $500,000 general liability coverage.
State law also requires individuals who supervise the setting off of Fireworks 1.4G for public displays of 50 or more people to have a Pyrotechnic Special Effects Operator’s License. Fireworks 1.4G are those sold at fireworks stands to the general public. The Special Effects Operator license is also $45 initially and $25 for renewal. No state permit is required if using Fireworks 1.4G, however, local authority may require a permit. Departments that do not obtain the proper license and/or permit are breaking the law.
If you have any specific questions, please call Susan Light at the Texas Department of Insurance at 512-305-7932.
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