|(a) General provisions.
(1) These provisions apply to licensees and retail
storage of more than 500 cases of Fireworks 1.4G.
(2) Storage facilities containing Fireworks 1.4G must
be of solid construction using sound engineering principles.
(3) Electrical installation, if used, must be in compliance
with the National Electric Code, 1984. An outside electrical master
switch must be provided at each storage facility location when electrical
power is installed.
(4) Storage facilities containing Fireworks 1.4G must
comply with the following.
(A) Storage facilities must be separated from inhabited
buildings, passenger railways, and from the pavement or main travelled
surface of any highway by a minimum distance of 50 feet and be in
compliance with Table 1 in §34.824 of this title (relating to
Distance Tables). Storage facilities in existence prior to January
1, 1986, and then conforming to existing warehouse distance separation
rules for jobbers and distributors are exempt from compliance with
Table 1, provided such facilities are not enlarged or expanded beyond
their January 1, 1986, capacities. An office used for the operation
of a storage facility or a retail/wholesale site established in conjunction
with a storage facility is exempt from the distance requirements after
notifying the state fire marshal. Subsequent construction by adjacent
property owners or public authorities must not subject licensee to
a distance regulation violation under this section, provided existing
storage facilities are not enlarged or expanded after the subsequent
(B) Storage facilities must not contain windows, and
any other openings must be situated so that the rays of the sun do
not come in contact with or shine through glass directly on fireworks
stored in the facility. Skylights that diffuse sun rays are permitted.
(C) No stoves, exposed flames, or electric heaters
may be used in any part of storage facility except in a boiler room,
machine shop, office building, pump house, or lavatory. Heating of
storage facilities must be by means of steam, indirect hot air radiation,
or hot water.
(D) Exit doors other than overhead or sliding doors
must open outward, must be unlocked during operating hours, and must
be clearly marked. Aisles and exit doors must be kept free of any
(E) At least one approved Class A fire extinguisher
must be provided for each 1,000 square feet of floor space in a storage
(F) The land surrounding storage facilities must be
kept clear of brush, dried grass, leaves, and similar combustibles
for a distance of at least 10 feet.
(G) Smoking must not be permitted in storage facilities.
There must be signs conspicuously posted with the words "Fireworks--No
Smoking" in letters not less than four inches high.
(5) Storage buildings must have fencing in compliance
with §34.821(a)(1) of this title (relating to Manufacturing Operations)
or one of the following:
(A) personnel on the premises 24 hours per day, and
the premises remains lighted at night; or
(B) a security alarm system.
(6) Bulk storage of Class I flammable liquids (such
as gasoline) and flammable compressed gases must comply with provisions
of §34.821(a)(7) of this title (relating to Manufacturing Operations).
(b) Operation of storage facilities.
(1) Storage facilities must at all time during operating
hours be in the charge of a competent person who is be at least 18
years of age and who is responsible for the enforcement of all safety
(2) Doors must be kept locked, except during hours
|Source Note: The provisions of this §34.823 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 July 19, 2016, 41 TexReg 5180