Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.12 - DIVISION OF CRIMINAL INVESTIGATION › Subchapter 23.12.5 - Fireworks › Rule 23.12.501 - RETAIL FIREWORKS SALE

Current through Register Vol. 13, July 5, 2024
(1) Anyone
				engaged in the retail sale of permissible fireworks, as defined in
				50-37-105, MCA, must obtain a
				permit if required by the applicable local jurisdiction. The provisions of this
				rule do not apply if a local ordinance has been adopted pursuant to
				7-33-4206, MCA, regulating or
				prohibiting the retail sale of fireworks.
(2) The retail sale of permissible fireworks
				may occur only from approved retail business establishments or approved
				fireworks stands as defined in ARM 23.12.401. Fireworks shall not be sold from
				or stored in any tent, canopy, or temporary membrane structure. Fireworks may
				be sold from a mobile trailer which is designed for the transportation of
				goods, or sold from a fireworks stand, but the public is not permitted inside
				any mobile structure for the purchase of fireworks.
(3) No person under the age of 18 shall be
				employed to sell or offer for sale permissible fireworks.
(4) No fireworks may be discharged within 100
				feet of a fireworks stand.
(5) No
				smoking shall be allowed within the fireworks stand. At any place where
				permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must
				be posted in letters at least four inches in height and one-half inch in stroke
				where customers are most likely to read it.
(6) Except as provided in (12), retail sale
				of fireworks shall be conducted from fireworks stands located at least 300 feet
				from a church or hospital, 50 feet from any flammable liquid dispensing device
				or installation, 50 feet from other inhabited areas, and 30 feet from any
				public roadway. There shall be 5 feet between stands, and 20 feet apart when
				stands are over 800 square feet aggregate.
(7) Parking of vehicles used to transport
				Class A or B explosives or flammable and combustible liquids is prohibited
				within 100 feet of a fireworks stand.
(8) Fireworks stands shall be equipped inside
				with at least one pressurized water extinguisher with a current tag and a
				minimum rating of 2A or one garden hose connected to and turned on to an
				available water supply.
(9) All
				weeds, dry grass, and combustible material shall be cleared for a minimum
				distance of 25 feet in all directions from a fireworks stand.
(10) Electrical wiring shall be in a safe
				condition, and if found upon inspection to be unsafe shall be upgraded to
				comply with the applicable provisions of the National Electrical Code (NEC)
				currently adopted by the Building Codes Division of the Department of Labor and
				Industry.
(11) Open flame devices
				of any kind are prohibited in or within 25 feet of any fireworks
				stand.
(12) Portable heaters
				utilized in booths shall not have exposed heating elements.
(13) Retail sale of fireworks from
				occupancies other than those authorized by this rule is prohibited, except that
				fireworks may be sold out of an existing retail business establishment under
				the following conditions:
(a) The amount of
				fireworks on display in the customer service area contains an aggregate of no
				more than one pound of pyrotechnic composition; and
(b) Remaining quantities of fireworks are
				stored in a cabinet or room designed and constructed to restrict smoke travel
				that is separate from the customer service area, that has a self-closing door,
				and that conforms to one of the following:
(i) It is constructed of material sufficient
				to achieve a one-hour fire resistant-rated barrier between the storage area and
				the customer service area. The fireworks must be stored in cabinets made of
				wood or equivalent material that is at least one inch thick, and each cabinet
				must contain no more than an aggregate of 5 pounds of pyrotechnic
				composition;
(ii) It is protected
				by a fire suppression sprinkler system approved by the FPIS or by a fire
				marshal of the local jurisdiction; or
(iii) The fireworks are contained in a
				cabinet with casters and constructed of wood at least one inch thick that is
				covered on all sides with 5/8-inch sheetrock.