Yes, Consumer fireworks (AKA - DOT Class C common fireworks and/ Or 1.4G) can be used without a display permit provided the person doing the display follows the proper NFPA Codes preventing the display to be counted as close proximate.
NFPA 3.3.14.1 “Consumer Fireworks” Small Fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce a visible or audible effects by combustion that complys with the constriction, chemical compsotion, and labeling regulations of the U.S. Consumer Product Safty Commission as set forth in CPSC 16 CFR 1500 abd 1507, 49 CFR 172, and APA Standars 87-1.
Tenn. Code Ann. § Code 68—104- 202
(4) "Display fireworks" means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1.3G fireworks or display fireworks in the regulations of the United States department of transportation (DOT) for transportation of explosive and other dangerous articles;
(5) "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. If a function or gathering lasts more than one (1) day, each day is a separate event. "Event" does not include any function or gathering at which DOT Class C common fireworks, also known as 1.4G fireworks, will be used;
(16) "Proximate pyrotechnic display" means the use of pyrotechnic devices and materials, 1.4G or 1.4S fireworks or pyrotechnics, when any portion of the audience is closer than permitted by NFPA 1123, and subject to NFPA 1126 requirements;
(17) "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 1.4G or 1.4S fireworks or pyrotechnics;
What distance does the Audience have to be from the display?
It depends on what kind of 1.4g fireworks are used. It is either 35ft or 75ft depending on the type. See below references:
From NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience:
1.3.4.1 This standard shall apply to any outdoor use of pyrotechnics at distances less than those required by NFPA 1123, Code for Fireworks Display.
From NFPA 1123
5.1.3.5.1* For ground display pieces of low hazard potential, the minimum radius shall be 75 ft
A.5.1.3.5.1 Examples of ground display pieces of low hazard potential are items such as lancework, gerbs or fountains, and illuminations.
5.1.3.2 For non-splitting or non-bursting comets and mines containing only stars or non-splitting or non-bursting comets, the minimum required radius of the display site shall be 35 ft per in. (11 m per 25 mm) of the internal mortar diameter of the largest comet or mine to be fired.
