Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 34 - STATE FIRE MARSHAL › Subchapter H - STORAGE AND SALE OF FIREWORKS › Section 34.808 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, must have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Acceptor
				  building--A building that is exposed to embers and debris emitted from a donor
				  building.
(2) Agricultural,
				  industrial, or wildlife control permits--Permits authorizing the holder to use
				  Fireworks 1.3G for specified purposes in these business activities.
(3) Authorized retail location--A retail
				  location that complies with the requirements of statute and rules and with a
				  permit, and that is not prohibited by a local ordinance.
(4) Bare wiring--Any electrical cable or cord
				  any part of which has the insulating cover broken or removed, exposing bare
				  wire.
(5) Barricade--A natural or
				  artificial barrier that will effectively screen a magazine, building, railway,
				  or highway from the effects of an explosion in a magazine or building
				  containing explosives. It must be of a height that a straight line from the top
				  of any side wall of a building, or magazine containing explosives to the eave
				  line of any magazine, or building, or to a point 12 feet above the center of a
				  railway or highway, will pass through such natural or artificial
				  barrier.
(6) Barricade,
				  artificial--An artificial mound or revetted wall of earth of a minimum
				  thickness of one foot.
(7)
				  Barricade, natural--Natural features of ground, such as hills, or timber of
				  sufficient density that the surrounding exposures that require protection
				  cannot be seen from the magazine or building containing explosives when the
				  trees are bare of leaves.
(8)
				  Barricade, screen type--Any of several barriers for containing embers and
				  debris from fires and deflagrations in process buildings that could cause fires
				  and explosions in other buildings. Screen type barricades must be constructed
				  of metal roofing, one-inch or half-inch mesh screen or equivalent material. A
				  screen-type barricade extends from the floor level of the donor building to a
				  height that a straight line from the top of any side wall of the donor building
				  to the eave line of the acceptor building will go through the screen at a point
				  not less than five feet from the top of the screen. The top five feet of the
				  screen are inclined at an angle of between 30 and 45 degrees, toward the donor
				  building.
(9) Breakaway
				  construction--A general term that applies to the principle of purposely
				  providing a weak wall so that the explosive effects can be directed and
				  minimized. The term "weak wall" as used in these sections refers to a weak wall
				  and roof, or weak roof. The term "weak wall" is used in a relative sense as
				  compared to the construction of the entire building. The design strength of the
				  weak wall will vary as to the building construction, as well as to the type and
				  quantity of explosive or pyrotechnic materials in the building. The materials
				  used for weak wall construction are usually light gauge metal, plywood,
				  hardboard, or equivalent lightweight material, and the material is purposely
				  selected to minimize the danger from flying missiles. The method of attachment
				  of the weak wall must be constructed to aid the relief of blast pressure and
				  fireball.
(10) Bulk storage,
				  Fireworks 1.4G--The storage of 500 or more cases of Fireworks 1.4G.
(11) Business--The manufacturing, importing,
				  distributing, jobbing, or retailing of permissible fireworks; acting as a
				  pyrotechnic operator; conducting multiple public fireworks displays; or using
				  fireworks for agricultural, wildlife, or industrial purposes.
(12) Buyer--Any person or group of persons
				  offering an agreed-upon sum of money or other considerations to a seller of
				  fireworks.
(13) CFR--The Code of
				  Federal Regulations, a codification of the general and permanent rules
				  published in the Federal Register by the executive departments and agencies of
				  the federal government. The Code is divided into 50 titles. The titles are
				  divided into chapters, which are further subdivided into parts.
(14) Commissioner--The Commissioner of
				  Insurance.
(15) Department--The
				  Texas Department of Insurance.
(16)
				  Donor building--A process building from which embers and burning debris are
				  emitted during a fire.
(17)
				  DOT--The United States Department of Transportation (U.S. DOT).
(18) Fireworks plant--All land , and
				  buildings used for or in connection with the manufacture processing of
				  fireworks. It includes storage facilities used in connection with plant
				  operation.
(19) Firm--A person,
				  partnership, corporation, or association.
(20) Flame effects operator--An individual
				  who, by experience, training, or examination has demonstrated the skill and
				  ability to safely assemble, conduct, or supervise flame effects in accordance
				  with §
										2154.253,
				  Occupations Code.
(21)
				  Generator--Any device driven by an engine and powered by gasoline or other
				  fuels to generate electricity for use in a retail fireworks stand.
(22) Highway--The paved surface or, where
				  unpaved, the edge of a graded or maintained public street, public alley, or
				  public road.
(23) Indoor retail
				  fireworks site--A retail fireworks site other than a retail stand that sells
				  Fireworks 1.4G from a building or structure.
(24) Immediate family member--The spouse,
				  child, sibling, parent, grandparent, or grandchild of an individual. The term
				  includes a stepparent, stepchild, and stepsibling and a relationship
				  established by adoption.
(25)
				  License--The license issued by the state fire marshal to a person or a
				  fireworks firm authorizing same to engage in business.
(26) Licensed firm--A person, partnership,
				  corporation, or association holding a current license.
(27) Magazine--Any building or structure,
				  other than a manufacturing building, used for storage of Fireworks
				  1.3G.
(28) Manufacturing--The
				  preparation of fireworks mixes and the charging and construction of all
				  unfinished fireworks, except pyrotechnic display items made on site by
				  qualified personnel for immediate use when the operation is otherwise
				  lawful.
(29) Master electric
				  switch--Manually operated device designed to interrupt the flow of
				  electricity.
(30) Mixing
				  building--A manufacturer's building used for mixing and blending pyrotechnic
				  composition, excluding wet sparkler mixes.
(31) Multiple public display permit--A permit
				  issued for the purpose of conducting multiple public displays at a single
				  approved location.
(32) Nonprocess
				  building--Office buildings, warehouses, and other fireworks plant buildings
				  where no explosive compositions are processed or stored. A finished firework is
				  not considered an explosive composition.
(33) Open flame--Any flame that is exposed to
				  direct contact.
(34) Outsource
				  testing service--The testing service selected by the state fire marshal to
				  administer certain designated qualifying tests for licenses under this
				  subchapter.
(35) Process
				  building--A manufacturer's mixing building or any building in which pyrotechnic
				  or explosive composition is pressed or otherwise prepared for finishing and
				  assembling.
(36) Public display
				  permit--A permit authorizing the holder to conduct a public fireworks display
				  using Fireworks 1.3G, on a single occasion, at a designated location, and
				  during a designated period.
(37)
				  Retail fireworks site--The structure from which Fireworks 1.4G are sold and in
				  which Fireworks 1.4G are held pending retail sale, and other structures,
				  vehicles, or surrounding areas subject to the care and control of the retailer,
				  owner, supervisor, or operator of the retail location.
(38) Retail stand--A retail site that sells
				  Fireworks 1.4G over the counter to the general public who always remain outside
				  the structure.
(39) Safety
				  container--A container especially designed, tested, and approved for the
				  storage of flammable liquids.
(40)
				  School--Any inhabited building used as a classroom or dormitory for a public or
				  private primary or secondary school or institution of higher
				  education.
(41) Selling opening--An
				  open area, including the counter, through which fireworks are viewed and sold
				  at retail.
(42) Storage
				  facility--Any building, structure, or facility in which finished Fireworks 1.4G
				  are stored, but in which no manufacturing is performed.
(43) Supervisor--A person who is 18 years or
				  older and who is responsible for the retail fireworks site during operating
				  hours.
(44) Walk door--An opening
				  through which retail stand attendants can freely move but which can be secured
				  to keep the public from the interior of the stand.