Indoor retail fireworks sites shall comply with the following requirements:

1. (1) The retail fireworks sales building shall be a free standing durable structure with only one story of space accessible to the public. It shall not be a tent, boat, or mobile vehicle. The fireworks sales area shall not be part of a multi-use or multi-tenant building.

2. (2) The following distance requirements shall 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.

   1. (A) The fireworks sales building shall be a minimum distance of 60 feet from any inhabited building;
   2. (B) The fireworks sales building shall be a minimum distance of 30 feet from the property line.
   3. (C) The fireworks sales building shall meet the distance requirements of §34.824 Table 1 of this title (relating to Distance Tables), or have a minimum 1 hour fire rated exterior wall with a minimum 3/4 hour fire rated protected openings.
   4. (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. (3) The following distance requirements shall apply to an indoor retail fireworks site owned or leased by a fireworks licensee, which 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 stores or displays over 500 cases of Fireworks 1.4G in the building.

   1. (A) The fireworks sales building shall be a minimum distance of 60 feet from any inhabited building;
   2. (B) The fireworks sales building shall be a minimum distance of 30 feet from the property line;
   3. (C) The fireworks sales building shall 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. (4) Subsequent construction by adjacent property owners or public authorities shall 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. (5) Fireworks sales display areas shall be sufficiently designed to prevent customers from handling fireworks, unless an attendant is directly assisting the customer. Sales display areas must include a continuous durable restraint around displayed fireworks separating the customers from all merchandise. The height, weight, and stability of the restraint must be designed to prevent individuals from penetrating the barrier.
6. (6) Fireworks in the sales area shall be limited to the displayed merchandise unless stored in closed cardboard boxes not accessible to the public.
7. (7) Access to fireworks when stored in a separate and distinct area away from general fireworks sales shall be restricted to employees only and "No Smoking" signs shall be posted inside.
8. (8) The local fire department and the county fire marshal, if one is appointed or elected in that county, shall be notified in writing, postmarked or faxed on or before June 14 of each year, 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. (9) Trash, rubbish, and unused boxes, except for small quantities stored in an orderly manner for reuse, shall be removed from the sales, storage and adjacent areas daily, or as often as necessary to prevent unsafe accumulation.
10. (10) Fireworks shall not be displayed or stored behind glass through which direct sunlight will shine on the fireworks.
11. (11) Extension cords shall 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 shall 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 shall be protected from accidental damage. Flexible cords and cables shall not be used as a substitute for the fixed wiring of a structure.
12. (12) A supervisor, 18 years of age or older, shall be on duty during all phases of operation. All fireworks sales personnel shall be 16 years of age or older. The permit holder and the supervisor shall ensure that all sales personnel comply with this subchapter.
13. (13) All trash containers used by the general public shall be metal or heavy plastic and be located 10 feet from any displayed or stored fireworks.
14. (14) An outside electrical master switch shall be provided at each retail location.
15. (15) Portable space heaters shall not be permitted in retail or storage areas.

16. (16) A retail sales permit, for other than a retail stand, shall not be valid until a plan is on file at the state fire marshal's office showing the following:

    1. (A) the address or location of the site;
    2. (B) the name of the person to whom the permit is issued;
    3. (C) the outline and length of all building exterior walls;
    4. (D) the floor area, location and dimensions used for fireworks sales;
    5. (E) the floor area, location and dimensions used for fireworks storage outside the sales area;
    6. (F) the floor area, location and dimensions used for other than fireworks sales and storage;
    7. (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;
    8. (H) the location of the master electrical cut-off switch;
    9. (I) the location and width of all building doors and paths of egress; and
    10. (J) the maximum estimated number of cases to be stored or displayed for sale in the site.
17. (17) Cooking equipment shall not be used within rooms used for fireworks sales or storage.
18. (18) All fireworks retail sites with a sales area more than 2500 square feet, shall 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 therein protected by a 3/4 hour fire protection-rated self closing fire doors.
19. (19) An indoor retail fireworks site shall 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, Quincy, Massachusetts, 1-800-344-3555.

Source Note:The provisions of this §34.832 adopted to be effective December 8, 2002, 27 TexReg 11562.