(a) An individual or entity, other than a municipality, county, or metropolitan government, must be a licensed exhibitor to perform an outdoor fireworks display, an indoor or outdoor proximate pyrotechnic display or an indoor or outdoor display using flame effects. An individual or entity must be a licensed exhibitor to supply display fireworks, indoor or outdoor proximate pyrotechnics or flame effect materials for display purposes.

Terms Used In Tennessee Code 68-104-203

  • 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
  • Event: means any function or gathering at which there will be a fireworks display, a pyrotechnic display, a flame effect display or any combination of these displays. 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
  • Licensed exhibitor: means a sole proprietor, partnership, corporation, company, firm or other entity licensed under this part to perform or provide firework or pyrotechnic materials for outdoor fireworks displays, proximate pyrotechnic displays, flame effect displays or any combination of these displays. 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
  • Permit: means the written authority of the state fire marshal issued under the authority of this chapter. 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
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) A municipality, county or metropolitan government conducting an indoor or outdoor proximate pyrotechnic display or an indoor or outdoor display using flame effects, however, must apply for and obtain the permit required pursuant to § 68-104-212, and:

(1) Have a certified operator on site at the event supervising or discharging the display;
(2) Show proof of insurance in accordance with the limits of liability established in the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, or proof of adequate self-insurance; and
(3) Have the pyrotechnic materials supplied or purchased from a licensed exhibitor.
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