1. (a) Retail stand construction. The fireworks stand in which Fireworks 1.4G are held for retail sale shall be constructed of wood, metal, masonry, or concrete, or combinations thereof. Each stand of less than 16 feet in length shall have at least one walk door, which opens outward. Stands measuring 16 feet or longer must have at least two walk doors, one in each end, which open outward. A minimum of combustible material such as posters, signs, and decorations may be used on interior walls. A minimum distance of six feet shall be maintained from the front of the customer counter to the back side of the stand.

2. (b) Electrical service, equipment, and devices.

   1. (1) Electrical service to the stand shall be installed at least eight feet above ground or buried underground according to standards acceptable to the authority having jurisdiction.
   2. (2) Each stand utilizing electricity shall have a point of power interruption (switch or switches) located near an exit door which interrupts all electric supply to devices and equipment located inside and on the stand.
   3. (3) All electrical wiring, equipment, and devices both inside and outside the stand, shall be UL approved, be securely mounted to the structure, and be installed and maintained to prevent electrical hazards. Splices in electrical wiring servicing equipment and devices inside the stand shall be enclosed in junction boxes. Light fixtures and wiring used for illumination inside and outside of the stand shall be installed and maintained to prevent accidental contact by the general public and employees.

   4. (4) The following shall not be used in any manner inside a retail stand:

      1. (A) drop cords with lights;
      2. (B) extension cords; or
      3. (C) bare wiring.
   5. (5) In stands where generator-created power is used, the generator shall be located in an area free from grass, trash, and other flammable materials and at least 10 feet from the stand. Reserve fuel for the generator must be stored in an approved safety container and a portable fire extinguisher rated to at least 6 BC shall be provided.
3. (c) Lighting and heating. Fireworks stands shall not be illuminated or heated by any device which requires open flame or exposed heating elements. Electric heaters shall be equipped with a switching device to stop the flow of current should the heater be tipped over.
4. (d) Overnight storage. If the fireworks stand is used for the overnight storage of Fireworks 1.4G, it must be equipped with suitable locking devices to prevent unauthorized entry.
5. (e) Bulk Storage. Storage of Fireworks 1.4G by a retailer in excess of 500 cases shall comply with §34.823 of this title (relating to Bulk Storage of Fireworks 1.4G).

6. (f) Retail sales and storage in other than retail stands.

   1. (1) Retail sale of fireworks from any site which provides general merchandise for sale to the public shall comply with the following.

      1. (A) A separate and distinct area of floor space shall be used for retail sale of fireworks.
      2. (B) This area shall be sufficiently designed so as to prevent customers from handling fireworks.
      3. (C) This area shall be attended at all times of operation and supervised by a person 16 years old, or older, or properly secured to prohibit access by the public.
      4. (D) The current retail sales permit shall be made available for inspection in the sales area.
      5. (E) Fireworks in this area shall be limited to the displayed merchandise.
   2. (2) Smoking shall be prohibited within 10 feet of the area where fireworks are sold or stored. "Fireworks" and "No Smoking" signs with letters not less than four inches in height shall be conspicuously posted.
   3. (3) Fireworks not necessary for immediate sale shall be stored in a separate and distinct area away from general merchandise. Access to the storage area shall be restricted to employees only and "No Smoking" signs shall be posted.
   4. (4) The local fire department or authority having jurisdiction shall be notified in writing as to the business location, placement of fireworks in building or structure, total amount of fireworks being stored, and time period that fireworks will be stored.
   5. (5) Trash, rubbish, and unused boxes shall be removed from the sales and storage areas daily, or as often as necessary to prevent unsafe accumulation.
   6. (6) Fireworks shall not be displayed or stored behind glass through which direct sunlight will shine on the fireworks.

Source Note:The provisions of this §34.818 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.