| (a) Applications for a license or permit to engage in the business, other than retail permits, shall be on forms provided by the state fire marshal, and shall be accompanied by the appropriate fee and documentation as may be required. (b) Applications must be signed by the sole proprietor, by each partner of a partnership, or by an officer of a corporation or association. Applications from foreign and out of state corporations shall be accompanied by evidence of authority to conduct business in this state granted by the Texas secretary of state and where applicable, the applicant shall evidence compliance with the Assumed Business or Professional Name Act, Texas Business and Commerce Code, Chapter 36. (c) Applications for a public display permit shall include the following information: (1) the name, address, and telephone number of the applicant; (2) a copy of the site inspection report from the fire prevention officer; (3) the location or alternate location for the display; (4) the name and license number of the pyrotechnic operator who is to supervise the display; (5) the size and estimated number of fireworks to be discharged, the number of set pieces, and other items; (6) the manner and place of storage of such fireworks prior to and during the display; (7) a diagram of the grounds on which the display is to be held indicating the: (A) area meeting appropriate distance regulations which outlines the parameters within which the particular site may be adjusted on the day of the proposed display to address safety concerns or wind changes from which fireworks will be discharged; (B) distance from exposure to discharge point; (C) distance from spectators to discharge point; and (D) method of spectator restraint; (8) evidence of public liability insurance, as required by the Occupations Code §2154.205; (9) the name and license number of the manufacturer or distributor licensed in Texas who is to supply the fireworks; and (10) applications for a display permit shall include the date, time, and the alternate date and time of the display. (d) A completed application for a public display permit shall be received by the state fire marshal before the display is to be conducted. A facsimile or other photocopy of the application received by the state fire marshal during normal working hours prior to the date of the display and determined to be in compliance with the provisions of this section, along with the appropriate fee, shall be acceptable for purposes of this section. An applicant issued a permit under the facsimile provisions of this section shall maintain original documentation of the application for a period of one year and shall provide such original materials to the state fire marshal on request. (e) An additional public display permit shall be required for each site separated from the permitted site by over 1,000 feet measured horizontally. (f) When an application for a permit is required by the Occupations Code §2154.253 for the use of flame effects or pyrotechnics before an assembly of fifty people or more and is submitted to the state fire marshal, as the authority having jurisdiction because the political subdivision has no fire marshal, local fire protection district, or emergency services district, the application shall be on the form provided by the state fire marshal and include the following information: (1) the name, address, and telephone number of the applicant; (2) the date, time, and the alternate date and time of the event; (3) the location or alternate location for the event; (4) the names and license numbers of the pyrotechnic operator and the flame effects operator who will be on-site at all times and who will supervise the event; (5) the plan and information required by NFPA 1126 and NFPA 160; (6) evidence of general liability insurance, as required by the Occupations Code §2154.207; (7) name and employer of person who will give verbal instruction regarding the location and use of available exits and information on the building fire protection system as required by §2154.253, Occupations Code; and (8) whether the building contains a complete operational sprinkler system or personnel that will implement a stand-by fire watch. (g) Complete applications. The application form for a license or permit must be accompanied by the required fee and must, within 180 days of receipt by the department of the initial application, be complete and accompanied by all other information required by the Texas Occupations Code 2154 and this subchapter, or a new application must be submitted including all applicable fees. |
| Source Note: The provisions of this §34.813 adopted to be effective June 30, 1986, 11 TexReg 2510; amended to be effective December 27, 1988, 13 TexReg 6159; 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 |
