1. (a) A supervisor, 16 years of age or older, shall be on duty during all phases of operation. It shall be the responsibility of the supervisor to comply with the fireworks rules.
2. (b) Bulk storage of Fireworks 1.4G by retailer shall comply with §34.823 of this title (relating to Bulk Storage of Fireworks 1.4G).
3. (c) Heat-sealing of packages within retail sites is prohibited.
4. (d) Each retail site determined to have fire danger external of the sales area shall be provided with equipment or facilities that are capable of extinguishing small exterior fires that would threaten the retail stand.
5. (e) An unobstructed pathway to walk doors shall be maintained within the retail stand during selling operation.
6. (f) The display, offer for sale, or sales of fireworks from tents and motor vehicles is prohibited.
7. (g) Smoking shall not be permitted in the fireworks retail stands. The presence of lighted cigars, cigarettes, or pipes within 10 feet of the stand is prohibited. "Fireworks" and "No Smoking" signs in letters not less than four inches high shall be conspicuously posted.
8. (h) The consumption of alcoholic beverages in retail stands is prohibited. Stand operators or assistants shall not be under the influence of or consume alcoholic beverages while operating a stand.
9. (i) The display or offer for sale or sales of fireworks within establishments that sell alcoholic beverages for consumption on the premises is prohibited.
10. (j) A retail permit shall be required for each retail stand offering fireworks for sale during selling season.
11. (k) The display or offer for sale or sales of fireworks from single or multifamily residential structures is prohibited.
12. (l) All retail sites must furnish parking off the highway.
13. (m) An area of at least 10 feet in width on all sides of a fireworks site shall be kept free of high grass and of trash.
14. (n) Fireworks shall not be displayed or stored behind glass through which direct sunlight will shine on the fireworks.
15. (o) Fireworks offered for sale to the general public in this state shall conform to the labeling requirements of the United States Consumer Product Safety Commission and the United States Department of Transportation. Only labeling specifications or requirements mandated by either of these agencies shall be required for the labeling of items offered for sale in Texas.

Source Note:The provisions of this §34.817 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.