The following words and terms, when used in this subchapter,
must have the following meanings, unless the context clearly indicates
otherwise.
(1) Acceptor building--A building that is exposed to
embers and debris emitted from a donor building.
(2) Agricultural, industrial, or wildlife control permits--Permits
authorizing the holder to use Fireworks 1.3G for specified purposes
in these business activities.
(3) Authorized retail location--A retail location that
complies with the requirements of statute and rules and with a permit,
and that is not prohibited by a local ordinance.
(4) Bare wiring--Any electrical cable or cord any part
of which has the insulating cover broken or removed, exposing bare
wire.
(5) Barricade--A natural or artificial barrier that
will effectively screen a magazine, building, railway, or highway
from the effects of an explosion in a magazine or building containing
explosives. It must be of a height that a straight line from the top
of any side wall of a building, or magazine containing explosives
to the eave line of any magazine, or building, or to a point 12 feet
above the center of a railway or highway, will pass through such natural
or artificial barrier.
(6) Barricade, artificial--An artificial mound or revetted
wall of earth of a minimum thickness of one foot.
(7) Barricade, natural--Natural features of ground,
such as hills, or timber of sufficient density that the surrounding
exposures that require protection cannot be seen from the magazine
or building containing explosives when the trees are bare of leaves.
(8) Barricade, screen type--Any of several barriers
for containing embers and debris from fires and deflagrations in process
buildings that could cause fires and explosions in other buildings.
Screen type barricades must be constructed of metal roofing, one-inch
or half-inch mesh screen or equivalent material. A screen-type barricade
extends from the floor level of the donor building to a height that
a straight line from the top of any side wall of the donor building
to the eave line of the acceptor building will go through the screen
at a point not less than five feet from the top of the screen. The
top five feet of the screen are inclined at an angle of between 30
and 45 degrees, toward the donor building.
(9) Breakaway construction--A general term that applies
to the principle of purposely providing a weak wall so that the explosive
effects can be directed and minimized. The term "weak wall" as used
in these sections refers to a weak wall and roof, or weak roof. The
term "weak wall" is used in a relative sense as compared to the construction
of the entire building. The design strength of the weak wall will
vary as to the building construction, as well as to the type and quantity
of explosive or pyrotechnic materials in the building. The materials
used for weak wall construction are usually light gauge metal, plywood,
hardboard, or equivalent lightweight material, and the material is
purposely selected to minimize the danger from flying missiles. The
method of attachment of the weak wall must be constructed to aid the
relief of blast pressure and fireball.
(10) Bulk storage, Fireworks 1.4G--The storage of 500
or more cases of Fireworks 1.4G.
(11) Business--The manufacturing, importing, distributing,
jobbing, or retailing of permissible fireworks; acting as a pyrotechnic
operator; conducting multiple public fireworks displays; or using
fireworks for agricultural, wildlife, or industrial purposes.
(12) Buyer--Any person or group of persons offering
an agreed-upon sum of money or other considerations to a seller of
fireworks.
(13) CFR--The Code of Federal Regulations, a codification
of the general and permanent rules published in the Federal Register
by the executive departments and agencies of the federal government.
The Code is divided into 50 titles. The titles are divided into chapters,
which are further subdivided into parts.
(14) Commissioner--The Commissioner of Insurance.
(15) Department--The Texas Department of Insurance.
(16) Donor building--A process building from which
embers and burning debris are emitted during a fire.
(17) DOT--The United States Department of Transportation
(U.S. DOT).
(18) Fireworks plant--All land, and buildings used
for or in connection with the manufacture processing of fireworks.
It includes storage facilities used in connection with plant operation.
(19) Firm--A person, partnership, corporation, or association.
(20) Flame effects operator--An individual who, by
experience, training, or examination has demonstrated the skill and
ability to safely assemble, conduct, or supervise flame effects in
accordance with §2154.253, Occupations Code.
(21) Generator--Any device driven by an engine and
powered by gasoline or other fuels to generate electricity for use
in a retail fireworks stand.
(22) Highway--The paved surface or, where unpaved,
the edge of a graded or maintained public street, public alley, or
public road.
(23) Indoor retail fireworks site--A retail fireworks
site other than a retail stand that sells Fireworks 1.4G from a building
or structure.
(24) Immediate family member--The spouse, child, sibling,
parent, grandparent, or grandchild of an individual. The term includes
a stepparent, stepchild, and stepsibling and a relationship established
by adoption.
(25) License--The license issued by the state fire
marshal to a person or a fireworks firm authorizing same to engage
in business.
(26) Licensed firm--A person, partnership, corporation,
or association holding a current license.
(27) Magazine--Any building or structure, other than
a manufacturing building, used for storage of Fireworks 1.3G.
(28) Manufacturing--The preparation of fireworks mixes
and the charging and construction of all unfinished fireworks, except
pyrotechnic display items made on site by qualified personnel for
immediate use when the operation is otherwise lawful.
(29) Master electric switch--Manually operated device
designed to interrupt the flow of electricity.
(30) Mixing building--A manufacturer's building used
for mixing and blending pyrotechnic composition, excluding wet sparkler
mixes.
(31) Multiple public display permit--A permit issued
for the purpose of conducting multiple public displays at a single
approved location.
(32) Nonprocess building--Office buildings, warehouses,
and other fireworks plant buildings where no explosive compositions
are processed or stored. A finished firework is not considered an
explosive composition.
(33) Open flame--Any flame that is exposed to direct
contact.
(34) Outsource testing service--The testing service
selected by the state fire marshal to administer certain designated
qualifying tests for licenses under this subchapter.
(35) Process building--A manufacturer's mixing building
or any building in which pyrotechnic or explosive composition is pressed
or otherwise prepared for finishing and assembling.
(36) Public display permit--A permit authorizing the
holder to conduct a public fireworks display using Fireworks 1.3G,
on a single occasion, at a designated location, and during a designated
period.
(37) Retail fireworks site--The structure from which
Fireworks 1.4G are sold and in which Fireworks 1.4G are held pending
retail sale, and other structures, vehicles, or surrounding areas
subject to the care and control of the retailer, owner, supervisor,
or operator of the retail location.
(38) Retail stand--A retail site that sells Fireworks
1.4G over the counter to the general public who always remain outside
the structure.
(39) Safety container--A container especially designed,
tested, and approved for the storage of flammable liquids.
(40) School--Any inhabited building used as a classroom
or dormitory for a public or private primary or secondary school or
institution of higher education.
(41) Selling opening--An open area, including the counter,
through which fireworks are viewed and sold at retail.
(42) Storage facility--Any building, structure, or
facility in which finished Fireworks 1.4G are stored, but in which
no manufacturing is performed.
(43) Supervisor--A person who is 18 years or older
and who is responsible for the retail fireworks site during operating
hours.
(44) Walk door--An opening through which retail stand
attendants can freely move but which can be secured to keep the public
from the interior of the stand.
|
| Source Note: The provisions of this §34.808 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571; amended to be effective December 8, 2002, 27 TexReg 11562; amended to be effective January 27, 2004, 29 TexReg 637; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effective July 5, 2011, 36 TexReg 4111; amended to be effective July 19,2016,41 TexReg 5180; amended to be effective August 29, 2019, 44 TexReg 4481 |
