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 34.826 - Preparing and Conducting Public Pyrotechnic Displays and Flame Effects

Current through Reg. 49, No. 28; July 12, 2024
(a) Storage. Public display fireworks may be
				  stored temporarily for a period not to exceed 30 days prior to display date in
				  a locked area, in regular 1.3G shipping cartons, not accessible by the general
				  public, and in a location approved by the local fire prevention
				  officer.
(b) Sobriety. Licensed
				  operators or assistants shall not be under the influence of or consume
				  alcoholic beverages or controlled substances during the public
				  display.
(c) Public display
				  criteria. Public displays shall be conducted in accordance with the provisions
				  of the National Fire Protection Association (NFPA) 1123, Code for Fireworks
				  Display, 1995 Edition, except as modified by paragraphs (1) through (3) of this
				  subsection. The Appendix to NFPA 1123 is not considered a part of the
				  requirements of NFPA 1123 and should be used for informational purposes only.
(1) Equivalent material. High density
				  polyethylene (HDPE) pipe shall be a permissible equivalent material for mortars
				  if of sufficient strength and durability to fire aerial shells
				  safely.
(2) Equivalent distance.
				  The separation distance of NFPA 1123 paragraph 2-3.3.3 between mortars, buried
				  in the ground or in a trough, shall not apply to a mortar where the mortar is 6
				  inches (150 mm) in diameter or less, constructed of high density polyethylene
				  (HDPE), and shells are fired using electrical ignition.
(3) Equivalent distance. The separation
				  distance of NFPA 1123, paragraph 2-3.3.3.2 between a mortar and the wall of a
				  trough shall not apply to a mortar where the mortar is 6 inches (150 mm) in
				  diameter or less and constructed of high density polyethylene (HDPE), shells
				  are fired using electrical ignition and the adjacent trough wall is braced with
				  sufficient strength and durability to safely fire the shells. The trough wall
				  bracing and support shall meet or exceed the following:
(A) two exterior horizontal braces, one along
				  the bottom of the trough, and a top brace at a distance above the bottom brace
				  that is at least one half the length of the shortest mortar in the trough, but
				  not exceeding its top, where bracing consists of angle iron, with a minimum
				  dimension of one and one half inch by one and one half inch by three sixteenths
				  of an inch, or other shaped steel of equivalent strength;
(B) a vertical brace attached between the
				  bottom and top brace spaced no greater than four feet on center along the
				  length of the trough, where the bracing consists of angle iron, with a minimum
				  dimension of one and one half inch by one and one half inch by three sixteenths
				  of an inch, or other shaped steel of equivalent strength; and
(C) a traverse support between the two walls
				  of the trough, consisting of not less than three eighths of an inch threaded
				  rod or equivalent material, located approximately half way up the side walls
				  and located at least every four feet on center along the length of the
				  trough.