1. (a) General provisions.

   1. (1) These provisions apply to licensees and retail storage of more than 500 cases of Fireworks 1.4G.
   2. (2) Storage facilities containing Fireworks 1.4G shall be of solid construction using sound engineering principles.
   3. (3) Electrical installation, if used, shall be in compliance with the National Electric Code, 1984. An outside electrical master switch shall be provided at each storage facility location when electrical power is installed.

   4. (4) Storage facilities containing Fireworks 1.4G shall comply with the following.

      1. (A) Storage facilities shall 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 shall not subject licensee to a distance regulation violation under this section, provided existing storage facilities are not enlarged or expanded after the subsequent construction.
      2. (B) Storage facilities shall not contain windows, and any other openings shall be situated so that the rays of the sun shall not come in contact with or shine through glass directly upon fireworks stored in the facility. Skylights which diffuse sun rays are permitted.
      3. (C) No stoves, exposed flames, or electric heaters shall 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 shall be by means of steam, indirect hot air radiation, or hot water.
      4. (D) Exit doors other than overhead or sliding doors shall open outward, shall be unlocked during operating hours, and be clearly marked. Aisles and exit doors shall be kept free of any obstruction.
      5. (E) At least one approved Class A fire extinguisher shall be provided for each 1,000 square feet of floor space in a storage facility.
      6. (F) The land surrounding storage facilities shall be kept clear of brush, dried grass, leaves, and similar combustibles for a distance of at least 10 feet.
      7. (G) Smoking shall not be permitted in storage facilities. There shall be signs conspicuously posted with the words "Fireworks--No Smoking" in letters not less than four inches high.

   5. (5) Storage buildings shall have fencing in compliance with §34.821(a)(1) of this title (relating to Manufacturing Operations) or one of the following:

      1. (A) personnel on the premises 24 hours per day and lighted at night; or
      2. (B) a security alarm system.
   6. (6) Bulk storage of Class I flammable liquids (such as gasoline) and flammable compressed gases shall comply with provisions of §34.821(a)(7) of this title (relating to Manufacturing Operations).

2. (b) Operation of storage facilities.

   1. (1) Storage facilities shall be in the charge of a competent person at all times during operating hours who shall be at least 18 years of age, who shall be held responsible for the enforcement of all safety precautions.
   2. (2) Doors shall be kept locked, except during hours of operation.

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.