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 34.817 - Retail Sales General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  supervisor, 18 years of age or older, must be on duty during all phases of
				  operation. It is the responsibility of the permit holder as well as the
				  supervisor to comply with or require compliance with the fireworks
				  rules.
(b) A building with more
				  than 350 linear feet of fireworks counter display or containing a total of 500
				  or more cases of Fireworks 1.4G for sales or storage by a retailer must comply
				  with §
										34.823
				  of this title (relating to Bulk Storage of Fireworks 1.4G), except as provided
				  by §
										34.832,
				  of this subchapter (related to Specific Requirements for Retail Fireworks Sites
				  Other Than Stands).
(c)
				  Heat-sealing of packages within retail fireworks sites is prohibited.
(d) Each retail fireworks site determined to
				  have fire danger external of the sales area must be provided with equipment or
				  facilities that are capable of extinguishing small exterior fires that would
				  threaten the retail stand. Retail sales in other than a stand must have a fire
				  extinguisher rated not less than 2-A. An extinguisher must be located within 75
				  feet walking distance from any point in the building, and each extinguisher
				  must cover a floor area not greater than 1000 square feet per unit of "A"
				  rating.
(e) An unobstructed pathway
				  to walk doors must be maintained within the retail fireworks site during
				  selling operation.
(f) The display,
				  offer for sale, or sales of fireworks from tents and motor vehicles is
				  prohibited. Fireworks may not be sold or stored for future sale at any
				  inhabited dwelling, house, apartment, or other structure used in whole or in
				  part as a home or place of abode by any person or persons.
(g) Smoking is not permitted in the retail
				  fireworks site. The presence of lighted cigars, cigarettes, or pipes within 10
				  feet of any site where fireworks are sold or stored is prohibited. "Fireworks"
				  and "No Smoking" signs in letters not less than four inches high must be
				  conspicuously posted on the inside and outside of each entrance door and at
				  several locations inside the building.
(h) The consumption or possession of
				  alcoholic beverages in any retail fireworks site is prohibited. No retail sales
				  personnel inside the facility or any supervisor may be under the influence of
				  or consume alcoholic beverages while on duty.
(i) A retail fireworks site may only sell
				  fireworks, fireworks promotional items and accessories and those items listed
				  in the Occupations Code §
										2154.002(4).
				  The display and offer for sale, or sales of fireworks within any structure or
				  building where any other business or any other merchandise is sold is
				  prohibited.
(j) A retail permit is
				  required for each retail fireworks site offering fireworks for sale during
				  selling season and must be posted in the sales area.
(k) The display or offer for sale or sales of
				  fireworks from single or multifamily residential structures is
				  prohibited.
(l) All retail
				  fireworks sites must furnish parking off the highway.
(m) An area of at least 10 feet in width on
				  all sides of a retail fireworks site must be kept free of high grass, empty
				  cardboard boxes and trash.
(n)
				  Fireworks must not be displayed or stored behind glass through which direct
				  sunlight will shine on the fireworks.
(o) Fireworks offered for sale to the general
				  public in this state must conform to the labeling requirements of the United
				  States Consumer Product Safety Commission and the United States Department of
				  Transportation. Only labeling specifications or requirements mandated by either
				  of these agencies is required for the labeling of items offered for sale in
				  Texas.
(p) Internal combustion
				  engines must not be operated inside a retail fireworks sales site.
(q) Shipping information, invoices, and bills
				  of lading related to the inventory at each retail stand must be available for
				  inspection on request.