Fireworks.

Ala. Code tit. 8, ch. 17, art. 8

in effect

Ala. Code § 8-17-210 Definitions.

8-17-210. Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise: (1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5. (2) ANNUAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within this state throughout the entire calendar year from January 1 through December 31. (3) APA 87-1. The 2001 American Pyrotechnics Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics. (4) AUDIBLE GROUND DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in APA 87-1, Section 3.1.3. (5) DISTRIBUTOR. Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn resells to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer’s or distributor’s permit. (6) D.O.T. CLASS C CONSUMER FIREWORKS. All articles of fireworks as are now or hereafter classified as D.O.T. Class C 1.4G Consumer fireworks in the regulations of the U.S. Department of Transportation for the transportation of explosive and other dangerous articles, including aerial devices and audible ground devices. (7) FIREWORKS SEASONS. The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. (8) MANUFACTURER. Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. (9) NFPA 1123. The National Fire Protection Association Code for Fireworks Display, as adopted by the State Fire Marshal. (10) NOVELTIES. Any device listed in APA 87-1, Section 3.2, including, without limitation, the following: a. Party poppers. b. Snappers. c. Toy smoke devices. d. Snake, glow worms. e. Wire sparklers, dipped sticks. (11) PERMIT. The written authority of the State Fire Marshal issued under the authority of this article. (12) PERSON. Includes any corporation, association, copartnership, or one or more individuals. (13) SALE. An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each transaction made by any person, whether as principal proprietor, salesperson, agent, association, copartnership, or one or more individuals. (14) SEASONAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. (15) SPARKLING DEVICES. Handheld or ground based sparkling devices that are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes and other sparkling devices that emit showers of sparks and sometimes a whistling, spinning, or crackling effect when burning, but does not include aerial devices, audible ground devices, or anything that will detonate or explode. (16) SPECIAL FIREWORKS. All articles of fireworks that are classified as Class B 1.3G fireworks in the regulations of the U.S. Department of Transportation, including all articles classified as fireworks other than those classified as Class C. (17) WHOLESALER. Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. (Acts 1981, No. 81-409, p. 638, §1; Acts 1987, No. 87-563, p. 876, §1; Act 2021-399, §1.)

Ala. Code § 8-17-211 Permit for Manufacture, Sale, Etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement.

8-17-211. Permit for Manufacture, Sale, Etc., of Fireworks or Pyrotechnics for Use Before a Proximate Audience; Record of Sales; Enforcement. (a) It shall be unlawful for any person to manufacture, sell, offer for sale, or ship or cause to be shipped into or within the State of Alabama, except as herein provided, any item of fireworks or pyrotechnics for use before a proximate audience, without first having secured the required applicable permit, as a manufacturer, distributor, wholesaler, annual retailer, or seasonal retailer, from the State Fire Marshal. Possession of a permit is a condition prerequisite to manufacturing, selling, or offering for sale, or shipping or causing to be shipped any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, except as herein provided. This provision applies to nonresidents as well as residents of the State of Alabama. Mail orders where consumers purchase any fireworks or pyrotechnics for use before a proximate audience through the mail or receive any fireworks or pyrotechnics for use before a proximate audience in Alabama by mail, parcel service, or other carrier are prohibited. A sales clerk must be on duty to serve consumers at the time of purchase or delivery. All fireworks or pyrotechnics for use before a proximate audience sold and delivered to consumers within the State of Alabama must take place within the State of Alabama and be sold and delivered only by an individual, firm, partnership, or corporation holding the proper Alabama permit and all fireworks or pyrotechnics for use before a proximate audience coming into the state, manufactured, sold, or stored within the state shall be under the supervision of the State Fire Marshal as provided for in this article. (b) Prior to engaging in the manufacture or sale within the State of Alabama, or shipment into the State of Alabama, of any fireworks or pyrotechnics for use before a proximate audience, each person making shipment or delivery or receiving any fireworks or pyrotechnics for use before a proximate audience into or within the State of Alabama, must make application on forms secured from the State Fire Marshal for a permit or permits required under this article for each location at which fireworks or pyrotechnics for use before a proximate audience are to be offered for sale. (c) A manufacturer’s permit issued under this article shall be subject to rules adopted by the State Fire Marshal to govern the manufacture of fireworks or pyrotechnics for use before a proximate audience as in the judgment of the State Fire Marshal the public welfare may require. (d) The decision of the State Fire Marshal as to what type of permit or permits shall be required of each person shall be final. The State Fire Marshal may deny a permit to an applicant or revoke a permit if the State Fire Marshal has knowledge or reason to believe the safety standards and conditions of this article are not or cannot be met by the applicant. No permit shall be issued to a person under the age of 18 years. All permits shall be for the calendar year or any fraction thereof and shall expire on December 31 of each year, two days of grace shall be allowed holders of permits after expiration thereof. Only one seasonal retailer permit shall be required for a full calendar year, and it shall be valid for both fireworks seasons, provided that the building is not moved from the location where it was originally permitted and no substantial structural or environmental changes have occurred. A seasonal retailer permit may be issued after July tenth for the remaining fireworks season of that calendar year. All permits issued must be displayed in their place of business. No permit provided for herein shall be transferable nor shall a person be permitted to operate under a permit issued to any other person or under a permit issued for another location, unless the transfer was approved by the State Fire Marshal. The holder of an annual retailer permit shall not be required to obtain a seasonal retailer permit. (e) The State Fire Marshal shall charge for permits issued as follows: (1) Manufacturer, three thousand dollars ($3,000). (2) Distributor, three thousand dollars ($3,000). (3) Wholesaler, one thousand dollars ($1,000). (4) Annual Retailer: a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location. b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location. c. Of only novelties, fifty dollars ($50) per location. (5) Seasonal Retailer: a. Of aerial devices, sparkling devices, audible ground devices, and novelties, three hundred dollars ($300) per location. b. Of only sparkling devices and novelties, one hundred fifty dollars ($150) per location. (6) Seasonal Retailer after July 10, one-half the permit fee indicated in subdivision (5). (7) Display, application filed at least 10 business days before display date, seventy-five dollars ($75). (8) Display, application filed less than 10 business days before display date, one hundred fifty dollars ($150). (f) Only holders of an annual retailer or seasonal retailer permit may engage in the retail sale of aerial devices, sparkling devices, audible ground devices, and novelties, in any quantity, to consumers. (g) A holder of a manufacturer’s permit is not required to have any additional permit or permits in order to sell to distributors, wholesalers, retailers, or seasonal retailers. (h) A record of all sales by manufacturers, distributors, or wholesalers must be kept showing the names and addresses of purchasers. All fees collected for the permits shall be paid into the State Fire Marshal’s Fund for the enforcement of this article. The State Fire Marshal may designate a deputy fire marshal as the “fireworks enforcement officer” who shall direct enforcement of the state fireworks laws. (i) The State Fire Marshal is charged with the enforcement of this article and may call upon any state or county or city peace officer for assistance in the enforcement of this article. The fire marshal is not authorized to adopt rules in conflict with or that go beyond the scope or intent of this article. (j) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year. (Acts 1981, No. 81-409, p. 638, §2; Acts 1987, No. 87-563, p. 876, §2; Act 2003-378, p. 1068, §1; Act 2021-399, §1.)

Ala. Code § 8-17-212 Assignment and Utilization of Permit Numbers.

8-17-212. Assignment and Utilization of Permit Numbers. The State Fire Marshal shall assign a number to each permit issued and each holder of a permit of any of the classes hereinabove provided shall imprint or affix the same to all purchase orders, delivery receipts, and invoices issued or used by each manufacturer, distributor, or wholesaler. (Acts 1981, No. 81-409, p. 638, §3.)

Ala. Code § 8-17-213 Requirement That Consignee Produce Permit, Etc., Prior to Delivery, Sale, Etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders.

8-17-213. Requirement That Consignee Produce Permit, Etc., Prior to Delivery, Sale, Etc., of Fireworks; Requirement That Purchaser of Fireworks Obtain Proof That Seller Possesses Permit; Keeping of Records by Permit Holders. No person shall deliver, sell or ship fireworks into or within the State of Alabama unless the consignee produces the required permit or evidence that the consignee holds said permit. No person shall purchase fireworks from another person without first requiring proof that the proper permit required of the seller herein has been obtained and is current and valid. Each holder of a permit under the provisions of this article shall keep an accurate record of each shipment received. Each holder of a permit as distributor or wholesaler shall keep a record of each sale, delivery, or out shipment of fireworks. Such records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item and quantity received or sold. Such records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his deputies, who shall have the authority at any reasonable time to require any manufacturer, distributor, wholesaler, or retailer to produce records for the current year and the immediately preceding full calendar year. (Acts 1981, No. 81-409, p. 638, §4.)

Ala. Code § 8-17-214 Revocation of Permit for Reasons of Purchasing, Receiving, Etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked.

8-17-214. Revocation of Permit for Reasons of Purchasing, Receiving, Etc., Illegal Fireworks; Notice of Revocation; Refusal to Issue New Permit to Holder Whose Permit Is Cancelled or Revoked. (a) The State Fire Marshal may revoke any permit issued under the provisions of this article upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be shipped any illegal fireworks in violation of this article. Notice must be given in writing to the holder of a permit stating cause of revocation; if the permit revoked is for a business located within Alabama, a copy of said notice of revocation must be supplied to the judge of probate of the county in which such permit holder’s business is located. (b) The State Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit which has been cancelled or revoked for the possession or sale of illegal fireworks for a period not to exceed three years. (Acts 1981, No. 81-409, p. 638, §5.)

Ala. Code § 8-17-215 Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number.

8-17-215. Effect of Article on State, County, and Municipal License Requirements; Requirement of Proof of Current and Valid Sales Tax Number. The issuance of the permit herein required does not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Before the issuance of any state and county licenses, the judge of probate shall require each applicant for a fireworks license to exhibit a permit or furnish other definite and satisfactory evidence that a proper permit has been issued to the applicant by the State Fire Marshal and that said permit is current and valid. No permit shall be issued to any applicant who does not show proof of a current and valid sales tax number. (Acts 1981, No. 81-409, p. 638, §6.)

Ala. Code § 8-17-216 Permits for Sale, Use, Etc., of Special Fireworks for Public Displays.

8-17-216. Permits for Sale, Use, Etc., of Special Fireworks for Public Displays. (a) Nothing in this article shall be construed as applying to the shipping, sale, possession, and use of special fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations governing this type of fireworks by the Alcohol, Tobacco, and Firearms Division of the United States Treasury Department, and their requirements met and any permit or license required by them secured before application for a state display permit is made. (b) Application for a state permit for public display of special fireworks must be made in writing to the State Fire Marshal at least 10 days before the display date. The State Fire Marshal may accept an application for a state permit for public display of special fireworks less than 10 days before the display date if accompanied by a fee of double the amount otherwise required. The application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to property and that it shall not endanger human lives. If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of such municipality. Permits issued shall be limited to the time specified therein and shall not be transferable. (c) Possession and sale of special fireworks shall be limited to a holder of a federal license issued for display fireworks. Possession of special fireworks for resale to holders of a permit for public display shall be confined to holders of a distributor’s permit only. Provided, however, a distributor’s permit shall not be required where the special fireworks are for public display to be performed solely for The Alabama June Jam, Inc.; and provided further that the application for the state permit for public display shall show that the proposed display is to be performed solely for The Alabama June Jam, Inc. (d) Nothing in this article shall apply to Class C firework displays. (Acts 1981, No. 81-409, p. 638, §7; Acts 1987, No. 87-151, p. 206, §1; Act 2003-378, §1.)

Ala. Code § 8-17-216.1 Use of Pyrotechnics Before a Proximate Audience.

8-17-216.1. Use of Pyrotechnics Before a Proximate Audience. (a) The use of pyrotechnics before a proximate audience shall comply with the requirements set out in the latest edition of the National Fire Protection Association’s Standard for the Use of Pyrotechnics Before a Proximate Audience (NFPA 1126) as shall be adopted by the State Fire Marshal. For purposes of this article, the term “proximate audience” shall mean an indoor audience closer to pyrotechnic devices than permitted by the National Fire Protection Association’s Code for Fireworks Display (NFPA 1123). (b) No person shall use pyrotechnics before a proximate audience without first obtaining a permit from the State Fire Marshal. An application for a permit for the use of pyrotechnics at an event with a proximate audience shall be filed with the State Fire Marshal not less than 10 days prior to the planned date of the event. The State Fire Marshal may accept an application for a permit under this section less than 10 days before the planned date of the event if accompanied by a fee of double the amount otherwise required. (c) The request for a permit under subsection (b) shall be in the form and manner prescribed by the State Fire Marshal. The permit shall be in addition to any locally required permit or approval. (d) A fee of one hundred fifty dollars ($150) per event shall be submitted with each application. (e) Where more than one event is to take place at the same location during the same calendar date, a separate application shall be filed for each event. The application fee for the second and subsequent events on the same calendar date shall be seventy-five dollars ($75) per event. (f) The State Fire Marshal may prescribe additional requirements associated with the use of pyrotechnics before a proximate audience as are deemed necessary for the safety of property and persons present at the proximate event location. (g) All pyrotechnics found at an event with a proximate audience that does not have a permit shall be confiscated and destroyed by the State Fire Marshal or his or her designee. (h) All fees collected pursuant to this section shall be paid into the State Fire Marshal’s Fund for the enforcement of this article. (i) Every five years, the State Fire Marshal may increase the fees by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December 2020, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. The increase may not exceed 2 percent per year. (Act 2003-378, p. 1068, §2; Act 2021-399, §1.)

Ala. Code § 8-17-217 Permissible Items of Fireworks.

8-17-217. Permissible Items of Fireworks. (a) It shall be unlawful for an individual, firm, partnership, or corporation to possess, sell, or use within the State of Alabama, or ship into the State of Alabama, except as provided in Section 8-17-216, any pyrotechnics commonly known as “fireworks” other than items now or hereafter classified as Class C consumer fireworks by the United States Department of Transportation, including, but not limited to, aerial devices, audible ground devices, sparkling devices, and novelties and those items that comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under their regulations. (b) Permitted items designed to produce an audible effect are confined to small ground items which include firecrackers containing not over 50 milligrams of explosive composition and aerial devices containing not over 130 milligrams of explosive composition. Propelling or expelling charge consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. (c) Items permitted and for which a permit is required shall include related items not classified by the United States Department of Transportation as consumer fireworks, but identified under their regulations as trick noisemakers, toy novelties, toy smoke devices and sparklers and shall include toy snakes, snappers, auto burglar alarms, smoke balls, smoke novelty items, and wire sparklers containing not over 100 grams of composition per item. Sparklers containing any chlorate or perchlorate salts may not exceed five grams of composition per item. (Acts 1981, No. 81-409, p. 638, §8; Acts 1987, No. 87-563, p. 876, §3; Act 2021-399, §1.)

Ala. Code § 8-17-218 Sale, Use, Etc., of Special Class B Commercial Type Ground Salutes.

8-17-218. Sale, Use, Etc., of Special Class B Commercial Type Ground Salutes. All items of fireworks which exceed the two grain limit of D.O.T. Class C consumer fireworks as to explosive composition, such items being commonly referred to as “illegal ground salutes” designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale, and use within the State of Alabama for any purpose. This section shall not affect display fireworks authorized by this article. (Acts 1981, No. 81-409, p. 638, §9; Acts 1987, No. 87-563, p. 876, §4; Act 2021-399, §1.)

Ala. Code § 8-17-219 Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items.

8-17-219. Conformance of Permissible Items to Nomenclature of Section 8-17-217; Identification Marks on Items. No permissible article of fireworks or related items defined in Section 8-17-217 shall be sold, offered for sale or possessed within the state, or used within the state, except as provided in Section 8-17-216 unless it shall be properly named to conform to the nomenclature of Section 8-17-217. Items must be identified on the shipping cases and by imprinting on the article or retail sales container or unit “D.O.T. Class C Consumer Fireworks” or other appropriate classification or identification as may be applicable or required by any federal agency having jurisdiction over fireworks on related items; such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public. (Acts 1981, No. 81-409, p. 638, §10; Act 2021-399, §1.)

Ala. Code § 8-17-220 Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required.

8-17-220. Authorization for Retail Sales of Permissible Items of Fireworks; Items for Which Special Fireworks Permit at No Time Required. Permissible items of fireworks, defined in Section 8-17-217, may be sold at retail to residents of the State of Alabama. The term “fireworks” shall not include toy paper pistol caps which contain less than twenty-five hundredths grains of explosive compounds, model rockets, emergency signal flares, matches, trick matches, and cigarette loads, the sale and use of which shall be permitted at all times without a special fireworks permit. (Acts 1981, No. 81-409, p. 638, §11; Act 2021-399, §1.)

Ala. Code § 8-17-221 Requirements as to Storage, Display, Etc., of Fireworks; Retail Sales of Fireworks from Tents, Motor Vehicles, Etc.; Inspection by State Fire Marshal, Etc., of Premises Where Fireworks Are to Be Stored or Sold.

8-17-221. Requirements as to Storage, Display, Etc., of Fireworks; Retail Sales of Fireworks from Tents, Motor Vehicles, Etc.; Inspection by State Fire Marshal, Etc., of Premises Where Fireworks Are to Be Stored or Sold. (a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within 10 feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are stored or sold, there must be posted signs with the words “FIREWORKS - NO SMOKING” in letters not less than four inches high. (b) No fireworks shall be sold at retail at any permanent location where paints, oils or varnishes are for sale or use unless kept in the original unbroken containers, nor where gasoline or other flammable liquid or gas is used, stored or sold, if the use, storage, or sale creates an undue hazard to person or property. No fireworks shall be sold at retail from any temporary or moveable stand where paints, oils, or varnishes are for sale or use unless kept in the original unbroken containers, nor within 50 feet of where gasoline or other flammable liquid or gas is used, stored or sold. (c) Any fireworks devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by a spark, cigarette ash or other ignition source. Safety type thread wrapped and coated fuses shall be exempt from this provision. (d) No retail permit shall be issued for the sale of fireworks at retail from tents or from or in a motor vehicle or from a trailer towed by a motor vehicle. A permit may be issued for the sale of fireworks from a modular or mobile building when the structure is eight feet or more in width and thirty-two feet or more in length, from which all wheels have been removed and the structure placed on a non-mobile foundation. No permit shall be issued to an applicant for a previously unpermitted location, until the premises where fireworks are to be stored or sold have been inspected by the State Fire Marshal or his designated representative and it shall have been determined that such building and facilities within the building and facilities for storage meet reasonable safety standards for the storage and sale of permissible fireworks. Inspection is not required for renewal of permits at the same location to be operated by the same owner unless there has occurred substantial structure or environmental changes. (Acts 1981, No. 81-409, p. 638, §12; Acts 1987, No. 87-563, p. 876. §5.)

Ala. Code § 8-17-222 Sale, Etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks.

8-17-222. Sale, Etc., of Fireworks to Persons Under 16 or Intoxicated or Irresponsible Persons; Display of Identification by Persons Purchasing Fireworks; Acts Constituting Unlawful Explosion or Ignition of Fireworks. It shall be unlawful to offer for sale or to sell any fireworks to children under the age of 16 years unless accompanied by an adult or to any intoxicated or irresponsible person. Any person purchasing fireworks shall be required to show a valid driver’s license or state approved identification card. It shall be unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, public school, any enclosed building, or within 200 feet of where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people. (Acts 1981, No. 81-409, p. 638, §13; Acts 1987, No. 87-563, p. 876, §6.)

Ala. Code § 8-17-223 Applicability of Article.

8-17-223. Applicability of Article. Nothing in this article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor as applying to the military or naval forces of the United States, or of this state or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events. (Acts 1981, No. 81-409, p. 638, §14.)

Ala. Code § 8-17-224 Penalty.

8-17-224. Penalty. Any individual, firm, partnership or corporation that violates any provisions of this article other than Section 8-17-218 shall be guilty of a Class A misdemeanor, and upon conviction shall be punished by a fine of not less than $100 or more than $1,000 or imprisoned for not less than 30 days, or more than, one year or both, in the discretion of the court. Any person convicted of manufacturing, shipping into, possessing, or selling any illegal fireworks described in Section 8-17-218 shall be guilty of a Class C felony and upon conviction shall be punished by a fine of not less than $500 nor more than $5,000 or imprisoned not less than one year and one day or more than 10 years, or both, in the discretion of the court. (Acts 1981, No. 81-409, p. 638, §15; Acts 1987, No. 87-563, p. 876, §7.)

Ala. Code § 8-17-225 Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks.

8-17-225. Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks. The State Fire Marshal shall seize as contraband any fireworks other than the permitted “Class C Consumer Fireworks” and related items defined in Section 8-17-217 or “special fireworks” for public displays as provided in Section 8-17-216, which are sold, displayed, used, or possessed in violation of this article. The State Fire Marshal may destroy any illegal fireworks so seized. (Acts 1981, No. 81-409, p. 638, §16; Act 2021-399, §1.)

Ala. Code § 8-17-226 Effect of Article on Validity of City Ordinances.

8-17-226. Effect of Article on Validity of City Ordinances. (a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance with Section 11-45-9.1. (b) A municipality may enact an ordinance further restricting the sale or use of sparkling devices or novelties. The State Fire Marshal shall keep a current listing of those municipalities that have enacted an ordinance further restricting the sale or use of sparkling devices or novelties. This subsection shall not affect any existing ordinance in a Class 1 municipality. (c) Nothing in this section shall be construed to limit or restrict a municipality from including the revenue derived from the devices listed above from the gross receipts calculation used as the basis for a retailer’s existing business license as provided in Section 11-51-90. (Acts 1981, No. 81-409, p. 638, §17; Acts 1987, No. 87-563, p. 876, §8; Act 2021-399, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026