1. A. Tents and mobile structures used for the sale of fireworks shall comply with these rules, which adopt and incorporate by reference the IFC.

2. B. Licensees and permittees shall:

   1. (1) maintain fire extinguishers at all sale locations in accordance with these rules, which adopt and incorporate by reference the IFC;
   2. (2) train their employees in the proper use of fire extinguishers;
   3. (3) exhibit the proper use of fire extinguishers when so requested by the AHJ during an inspection; and
   4. (4) provide at least one method of fire alarm and emergency communication that is approved by the AHJ in each tent or other permanent or temporary structure used for selling fireworks.
3. C. No loose combustible material shall be permitted within any tent or other permanent or temporary structure used for selling fireworks.

4. D. All fireworks vendors shall provide to all purchasers of fireworks a safety-tips handout containing at a minimum the following information: “In order to ensure that you and your family have a safe holiday, the state fire board and the fire marshal offer the following safety tips.

   1. (1) ALWAYS read and follow label directions.
   2. (2) ALWAYS have an adult present when handling fireworks.
   3. (3) ALWAYS buy from a reliable fireworks vendor.
   4. (4) ALWAYS ignite fireworks outdoors.
   5. (5) ALWAYS have water handy.
   6. (6) ALWAYS light one fireworks at a time.
   7. (7) ALWAYS store fireworks in a cool, dry place.
   8. (8) ALWAYS dispose of fireworks properly.
   9. (9) NEVER re-ignite malfunctioning fireworks.
   10. (10) NEVER give fireworks to small children.
   11. (11) NEVER experiment with or attempt to make your own fireworks.
   12. (12) NEVER throw fireworks at another person.
   13. (13) NEVER carry fireworks in your pockets.

   14. (14) NEVER shoot fireworks in metal or glass containers.”

       HISTORY OF 10.25.6 NMAC:

       Pre-NMAC History: The material in this rule was originally filed with the commission of public records, state records center and archives as:

       FM 81-1, Handling and Possession of Fireworks Bulletin, filed 6/26/1981.

       An amended version of the rule may have been adopted by the State Fire Marshal effective 1/1/91, but it was never filed with the state records center in accordance with the State Rules Act.

       History of Repealed Material:

       10 NMAC 25.6, Safe Handling and Sale of Fireworks (filed 05/09/1997) repealed 11/15/2007.

       Other History:

       FM 81-1, Handling and Possession of Fireworks Bulletin (filed 6/26/1981) was renumbered, reformatted, amended and replaced by 10 NMAC 25.6, Safe Handling and Sale of Fireworks, effective 6/9/1997.

       10 NMAC 25.6, Safe Handling and Sale of Fireworks (filed 05/09/1997) was replaced by 10.25.6 NMAC, Safe Handling and Sale of Fireworks, effective 11/15/2007.

[10.25.6.12 NMAC - N, 11/15/2007]