(a) It is unlawful for:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 68-104-210

  • Display fireworks: means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1. See Tennessee Code 68-104-202
  • Flame effect: means the combustion of an inflammable solid, liquid or gas to produce thermal, physical, visual or audible phenomena before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
  • NFPA: means the National Fire Protection Association. See Tennessee Code 68-104-202
  • Outdoor fireworks display: means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123. See Tennessee Code 68-104-202
  • Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
  • Proximate pyrotechnic display: means the use of pyrotechnic devices and materials, 1. See Tennessee Code 68-104-202
  • Proximate pyrotechnics: means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition and construction, but that are not intended for consumer use, and that are defined by NFPA 1126 as 1. See Tennessee Code 68-104-202
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Except with regard to a municipality, county or metropolitan government that conducts a display, so long as the governmental entity is in compliance with § 68-104-203(b), anyone other than a certified operator to perform an outdoor display using display fireworks, indoor display or proximate pyrotechnics display that are defined as 1.4G or 1.4S fireworks or pyrotechnics in the regulations of the United States DOT for transportation of explosive and other dangerous articles, or indoor or outdoor display using flame effects;
(2) Any person or entity to perform an outdoor display using display fireworks, an indoor display or proximate pyrotechnics display using 1.4G or 1.4S fireworks or pyrotechnics, or an indoor or outdoor display using flame effects without an appropriately certified operator on the scene of the display to supervise during the preparation for the display, during the display, and immediately after the display until the site is released;
(3) Any exhibitor or certified operator to conduct or perform an outdoor fireworks display except in accordance with NFPA 1123;
(4) Any exhibitor or certified operator to conduct or perform a proximate pyrotechnic display except in accordance with NFPA 1126; or
(5) Any exhibitor or certified operator to conduct or perform a flame effect display except in accordance with NFPA 160.
(b) A violation of subsection (a) is a Class B misdemeanor.
(c) Notwithstanding any provision of the law to the contrary, any municipality may adopt subsection (a) by reference or substantial duplication as an ordinance violation.
(d) Subsection (a) does not apply to individuals or organizations employing DOT Class C common fireworks for their personal or display use.
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