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 34.823 - Bulk Storage of Fireworks 1.4G

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  provisions.
(1) These provisions apply to
				  licensees and retail storage of more than 500 cases of Fireworks
				  1.4G.
(2) Storage facilities
				  containing Fireworks 1.4G must be of solid construction using sound engineering
				  principles.
(3) Electrical
				  installation, if used, must be in compliance with the National Electric Code,
				  1984. An outside electrical master switch must be provided at each storage
				  facility location when electrical power is installed.
(4) Storage facilities containing Fireworks
				  1.4G must comply with the following.
(A)
				  Storage facilities must 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 must not subject licensee to a distance regulation violation under
				  this section, provided existing storage facilities are not enlarged or expanded
				  after the subsequent construction.
(B) Storage facilities must not contain
				  windows, and any other openings must be situated so that the rays of the sun do
				  not come in contact with or shine through glass directly on fireworks stored in
				  the facility. Skylights that diffuse sun rays are permitted.
(C) No stoves, exposed flames, or electric
				  heaters may 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 must be by means of steam, indirect hot air radiation, or hot
				  water.
(D) Exit doors other than
				  overhead or sliding doors must open outward, must be unlocked during operating
				  hours, and must be clearly marked. Aisles and exit doors must be kept free of
				  any obstruction.
(E) At least one
				  approved Class A fire extinguisher must be provided for each 1,000 square feet
				  of floor space in a storage facility.
(F) The land surrounding storage facilities
				  must be kept clear of brush, dried grass, leaves, and similar combustibles for
				  a distance of at least 10 feet.
(G)
				  Smoking must not be permitted in storage facilities. There must be signs
				  conspicuously posted with the words "Fireworks--No Smoking" in letters not less
				  than four inches high.
(5) Storage buildings must have fencing in
				  compliance with §
											34.821(a)(1)
				  of this title (relating to Manufacturing Operations) or one of the following:
(A) personnel on the premises 24 hours per
				  day, and the premises remains lighted at night; or
(B) a security alarm system.
(6) Bulk storage of Class I
				  flammable liquids (such as gasoline) and flammable compressed gases must comply
				  with provisions of §
											34.821(a)(7)
				  of this title (relating to Manufacturing Operations).