Indoor retail fireworks sites must comply with the following
requirements:
(1) The retail fireworks sales building must be a free-standing
durable structure with only one story of space accessible to the public.
It must not be a tent, boat, or mobile vehicle. The fireworks sales
area must not be part of a multi-use or multi-tenant building.
(2) The following distance requirements apply to an
indoor retail fireworks site owned or leased by a fireworks licensee,
which had a fireworks retail permit or a building permit in effect
or was under construction on or before November 18, 2002, and stores
or displays over 500 cases of Fireworks 1.4G in the building.
(A) The fireworks sales building must be a minimum
distance of 60 feet from any inhabited building;
(B) The fireworks sales building must be a minimum
distance of 30 feet from the property line.
(C) The fireworks sales building must meet the distance
requirements of §34.824 Table 1 of this title (relating to Distance
Tables), or have a minimum one-hour fire rated exterior wall with
minimum three-fourths-hour fire rated protected openings.
(D) An office area used for the operation of the site,
separated by a one-hour fire-rated wall from the fireworks sales or
storage area, may be exempt from the distance requirements after it
is reported to and reviewed by the state fire marshal.
(3) The following distance requirements must apply
to an indoor retail fireworks site owned or leased by a fireworks
licensee that did not have a fireworks retail permit or a building
permit in effect or was not under construction on or before November
18, 2002, and that stores or displays over 500 cases of Fireworks
1.4G in the building.
(A) The fireworks sales building must be a minimum
distance of 60 feet from any inhabited building.
(B) The fireworks sales building must be a minimum
distance of 30 feet from the property line.
(C) The fireworks sales building must meet the distance
requirements of §34.824 Table 1 of this title, or have a complete
automatic fire sprinkler system installed in accordance with NFPA
13 Standard for the Installation of Sprinkler Systems.
(4) Subsequent construction by adjacent property owners
or public authorities will not subject licensee or permittee to a
distance regulation violation under this section, provided existing
facilities are not enlarged or expanded after the subsequent construction.
(5) Fireworks sales display areas must be sufficiently
designed to prevent customers from handling fireworks, unless an attendant
is directly assisting the customer.
(6) Fireworks in the sales area must be limited to
the displayed merchandise unless stored in closed cardboard boxes
not accessible to the public.
(7) Access to fireworks when stored in a separate and
distinct area away from general fireworks sales must be restricted
to employees only and "No Smoking" signs must be posted
inside.
(8) The local fire department and the county fire marshal,
if one is appointed or elected in that county, must be notified in
writing annually, before beginning sales operations, of the business
location, placement of fireworks in building or structure, maximum
amount of fireworks in the building, and time period that fireworks
will be stored or sold.
(9) Trash, rubbish, and unused boxes, except for small
quantities stored in an orderly manner for reuse, must be removed
from the sales, storage, and adjacent areas daily, or as often as
necessary to prevent unsafe accumulation.
(10) Fireworks may not be displayed or stored behind
glass through which direct sunlight can shine on the fireworks.
(11) Extension cords may not be located where the general
public could walk over them. An extension cord may be used to extend
power to a single appliance or single power strip. An extension cord
providing power to a power strip must be of the same or greater wire
gauge. Power strips used for multiple appliances must contain an internal
circuit breaker. Extension cords and power strips must be protected
from accidental damage. Flexible cords and cables must not be used
as a substitute for the fixed wiring of a structure. An extension
cord must not be plugged into a power strip.
(12) A supervisor, 18 years of age or older, must be
on duty during all phases of operation. All fireworks sales personnel
must be 16 years of age or older. The permit holder and the supervisor
must ensure that all sales personnel comply with this subchapter.
(13) All trash containers used by the general public
must be metal or heavy plastic and be located 10 feet from any displayed
or stored fireworks.
(14) An outside electrical master switch must be provided
at each retail location.
(15) Portable space heaters must not be permitted in
retail or storage areas.
(16) A retail sales permit, for other than a retail
stand, is not valid until a plan is on file at the State Fire Marshal's
Office showing the following:
(A) the address or location of the site;
(B) the name of the person to whom the permit is issued;
(C) the outline and length of all building exterior
walls;
(D) the floor area, location, and dimensions used for
fireworks sales;
(E) the floor area, location, and dimensions used for
fireworks storage outside the sales area;
(F) the floor area, location, and dimensions used for
other than fireworks sales and storage;
(G) the general location, description, and distances
from the exterior walls to all buildings, fireworks storage magazines,
highways, and equipment for storage or dispensing of flammable liquids
or compressed gas;
(H) the location of the master electrical cut-off switch;
(I) the location and width of all building doors and
paths of egress; and
(J) the maximum estimated number of cases of fireworks
to be stored or displayed for sale in the site.
(17) Cooking equipment must not be used within rooms
used for fireworks sales or storage.
(18) All fireworks retail sites with a sales area more
than 2500 square feet must have a minimum average ceiling height of
12 feet. The sales area is the total square feet of floor area used
to sell or store fireworks in an indoor retail fireworks site. Each
sales area may be separated from another sales area by a fire barrier
having a resistance rating of not less than one hour, with all openings
protected by three-fourths-hour fire protection-rated self-closing
fire door.
(19) An indoor retail fireworks site must comply with
the mercantile occupancy requirements of the standards adopted in §34.303
of this title (relating to Applicability of Rules). This standard,
NFPA 101 Life Safety Code, is published by and is available from the
National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts,
02269, or 1-800-344-3555.
(20) An indoor fireworks retail site must have a minimum
distance of 20 feet around the perimeter of the building that is kept
free of high grass, empty cardboard boxes, and trash.
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