West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Approved"
				means acceptable to the authority having jurisdiction.
3.2. "Authority Having Jurisdiction" or "AHJ"
				means an organization, office, or individual responsible for enforcing the
				requirements of a code or standard, or for approving equipment, materials, an
				installation, or a procedure. For the purpose of this rule, unless otherwise
				referenced, the AHJ is designated as the State Fire Marshal.
3.3. "Agricultural and wildlife fireworks"
				means fireworks devices distributed to farmers, ranchers and growers through a
				wildlife management program administered by the United States Department of the
				Interior or the Division of Natural Resources of this state.
3.4. "Amusement park" means any person or
				organization which holds a permit for the operation of an amusement ride or
				amusement attraction under article ten, chapter twenty-one of this
				code;
3.5. "APA Standard 87-1"
				means the APA Standard 87-1 published by the American Pyrotechnics Association,
				as amended, and incorporated by reference into Title 49 of the Code of Federal
				Regulations;
3.6. "Articles
				pyrotechnic" means pyrotechnic devices for professional use that are similar to
				consumer fireworks in chemical composition and construction but not intended
				for consumer use, that meet the weight limits for consumer fireworks but are
				not labeled as such, and that are classified as UN0431 or UN0432 under
				49 C.F.R. §
										172.101 (2014).
3.7. "Consumer Fireworks Retail Sales" or
				"CFRS" means any location where consumer fireworks are sold at retail to the
				general public.
3.8. "Consumer
				Fireworks Retail Sales Area" or "CFRS Area" means the portion of a consumer
				fireworks retail sales facility or store, including the immediately adjacent
				aisles, where consumer fireworks are located for the purpose of retail display
				and sale to the public.
3.9.
				"Consumer Fireworks Retail Sales Facility" or "CFRS Facility" means a permanent
				or temporary building or structure, CFRS stand, tent, canopy, or membrane
				structure that is used primarily for the retail display and sale of consumer
				fireworks to the public.
3.10.
				"Consumer Fireworks Retail Sales Stand" or "CFRS Stand" means a location that
				has a floor area not greater than 800 ft2 (74
				m2), other than tents, canopies, or membrane
				structures, that is used primarily for the retail display and sale of consumer
				fireworks to the public. CFRS Stands can include, but are not limited to, small
				buildings, plywood or sheet metal structures, manufactured buildings,
				semitrailers, trailers, shipping containers, or similar structures or
				facilities.
3.11. "Consumer
				Fireworks Storage Building" means a building in which finished consumer
				fireworks are received, stored, and shipped but in which no manufacturing is
				performed.
3.12. "Consumer
				fireworks" means small fireworks devices that are designed to produce visible
				effects by combustion that are required to comply with the construction,
				chemical composition and labeling regulations promulgated by the United States
				Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014),
				and that are listed in APA Standard 87-1. Consumer fireworks do not include
				sparkling devices, novelties, toy caps or model rockets. Consumer fireworks are
				normally classified as Explosives, 1.4G and described as Fireworks, UN 0336 by
				the U.S. Department of Transportation (U.S. DOT) (see Annex C). Some small
				devices designed to produce audible effects are included, such as whistling
				devices, ground devices containing 0.8 gr (50 mg) or less of explosive
				composition (salute powder), and aerial devices containing 2 gr (130 mg) or
				less of explosive composition (salute powder) per explosive unit. Consumer
				fireworks that comply with the construction, chemical composition, and labeling
				regulations of the U.S. DOT for fireworks, 49 CFR 172, and the U.S. Consumer
				Product Safety Commission (CPSC) as set forth in CPSC 16 CFR 1500 and 1507, are
				not considered to be explosive materials for purposes of this rule.
3.13. "Consumer fireworks certificate" means
				a certificate issued under section five, article three-e, chapter twenty-nine
				of the code of West Virginia.
3.14.
				"Display fireworks" means large fireworks to be used solely by professional
				pyro-technicians licensed by the State Fire Marshal and designed primarily to
				produce visible or audible effects by combustion, deflagration or detonation
				and includes, but is not limited to, salutes containing more than two grains
				(one hundred thirty milligrams) of explosive materials, aerial shells
				containing more than forty grams of pyrotechnic compositions and other display
				pieces that exceed the limits of explosive materials for classification as
				consumer fireworks and are classified as Explosives, 1.3G by the U.S.
				Department of Transportation (U.S. DOT), and/or fireworks UN0333, UN0334, or
				UN0335 under
				49 C.F.R. §
										172.101 (2014).
3.15. "Distributor" means a person who sells
				fireworks to wholesalers and retailers for resale in this state.
3.16. "Distribution Facility"means a place
				where consumer fireworks are received, stored, picked, packaged and packed into
				shipping cartons, and shipped to other distribution facilities, manufacturing
				facilities, or CFRS facilities or stores.
3.17. "Division 1.3 explosive" means that
				term as defined in
				49 C.F.R. §
										173.50 (2014).
3.18. "Division 1.4 explosive" means that
				term as defined in
				49 C.F.R. §
										173.50 (2014).
3.19. "DOT-Approved Packaging" means
				packaging for fireworks complying with the regulations of the U.S. Department
				of Transportation (DOT), Title 49, Part 178. DOT-approved packaging for
				consumer fireworks typically consists of sealed fiberboard cartons that have
				been tested and certified to meet the performance requirements specified in
				Part 178 of 49 CFR. Cartons are required to be marked and labeled in compliance
				with DOT regulations to indicate that fireworks are contained in the
				packaging.
3.20. "Explosive
				composition" means a chemical or mixture of chemicals that produces an audible
				effect by deflagration or detonation when ignited.
3.21. "Explosive material" means explosives,
				blasting agents and detonators.
3.22. "Fire Marshal" means the State Fire
				Marshal or his/her designee.
3.23.
				"Firecracker" or "salute" is a device that consists of a small paper wrapped or
				cardboard tube containing not more than fifty (50) milligrams of pyrotechnic
				composition and that produces, upon ignition, noise, accompanied by a flash of
				light.
3.24. "Firework" or
				"Fireworks" means any composition or device designed for the purpose of
				producing a visible or audible effect by combustion, deflagration, or
				detonation. Fireworks consist of consumer fireworks, display fireworks and
				special fireworks. The following items are excluded from the definition of
				fireworks: Model rockets; Sparkling devices; Novelties; Toy pistol caps;
				Emergency signal flares; Matches; Fixed ammunition for firearms; Ammunition
				components intended for use in firearms, muzzle loading cannons, or small arms;
				Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or
				small arms; Indoor pyrotechnics special effects material; or M-80s, cherry
				bombs, silver salutes, and any device banned by the federal
				government.
3.25. "Indoor
				pyrotechnics special effects material" means a chemical material that is
				clearly labeled by the manufacturer as suitable for indoor use (as provided in
				NFPA 1126).
3.26. "Inhabited
				Building" or "Inhabited Structure" means any building or structure regularly
				used in whole or part as a place of human habitation.
3.27. "License" means an authority granted to
				a person by the State Fire Marshal to perform certain tasks or work in an area
				regulated by the State Fire Marshal.
3.28. "Manager" means an individual
				accountable for supervising operations, tasks, staff and areas of a Consumer
				Fireworks Retail Sales location.
3.29. "Manufacturer" means a person engaged
				in the manufacture of fireworks. A person may produce or transport a firework
				that is a new explosive and that is either a division 1.3 explosive or division
				1.4 explosive if the person first meets the requirements of
				49
				C.F.R. §
										173.56(2)(j)
				(2014).
3.30. "Model rocket" means
				that term as defined in National Fire Protection Association Standard 1122,
				"Code for Model Rocketry".
3.31.
				"New explosive" means that term as defined in
				49
				C.F.R. §
										173.56 (2014).
3.32. "NFPA 495" means National Fire
				Protection Association Standard 495, "Explosive Materials Code (2018
				Edition).
3.33. "NFPA 1123" means
				National Fire Protection Association Standard 1123, "Code for Fireworks
				Display" (2018 Edition).
3.34.
				"NFPA 1124" means National Fire Protection Association Standard 1124, "Code for
				the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and
				Pyrotechnic Articles" (2006 Edition).
3.35. "NFPA 1126" means National Fire
				Protection Association Standard 1126, "Standard for the Use of Pyrotechnics
				Before a Proximate Audience" (2021 Edition).
3.36. "Novelties" means that term as defined
				under APA standard 87-1, section 3.2; but shall not include toy pistols, toy
				caps, toy canes, toy guns or other similar devices.
3.37. "Organization" means an association, a
				partnership, a limited partnership, a limited liability company, a corporation
				or any other group or combination acting as a unit.
3.38. "Packaged Fireworks Merchandise" means
				a consumer fireworks device or group of consumer fireworks devices that has
				been packaged within an unperforated container or packaging material by the
				manufacturer, distributor, or seller for retail display and sale as a
				unit.Packaged fireworks merchandise is generally fireworks items or groups of
				fireworks items that have been packaged by the manufacturer or distributor
				before they are offered for sale to the consumer. The packaging arrangement
				completely encapsulates the fireworks item or items within paperboard,
				cardboard, plastic wrap, or similar materials or combinations of materials.
				Such encapsulation ensures that a person must puncture, tear, unseal, or break
				open the package or otherwise damage or destroy the packaging materials in
				order to gain access to, and directly handle, each individual fireworks item to
				expose its fuse.
3.39. "Party
				popper" means a small plastic or paper item containing not more than sixteen
				(16) milligrams of explosive composition that is friction sensitive. A string
				protruding from the device is pulled to ignite it, expelling paper streamers
				and producing a small report.
3.40.
				"Permanent" as applied to buildings or structures: a building or structure
				affixed to a foundation on a site and having fixed utility connections, that is
				intended to remain on the site for more than 180 consecutive calendar
				days.
3.41. "Permit" means a
				document issued by the State Fire Marshal giving temporary approval to conduct
				an activity regulated by the State Fire Marshal.
3.42. "Person" means an individual or the
				responsible person for an association, an organization, a partnership, a
				limited partnership, a limited liability company, a corporation or any other
				group or combination acting as a unit.
3.43. "Public display of fireworks" means a
				public entertainment feature that is advertised to the general public or is on
				public property that includes the display or discharge of fireworks.
3.44. "Pyrotechnic composition" means a
				mixture of chemicals that produces a visible or audible effect by combustion
				rather than deflagration or detonation. Pyrotechnic compositions will not
				explode upon ignition unless severely confined.
3.45. "Registration" means a lawfully issued
				certificate of registration by the State Fire Marshal.
3.46. "Responding fire department" means the
				paid fire department or volunteer fire department that renders fire protection
				services to a political subdivision.
3.47. "Retail Sales"means the retail display
				and sale of merchandise to the public within a mercantile occupancy.
3.48. "Retailer" means a person who purchases
				fireworks for resale to consumers.
3.49. "Sparkling devices" means "ground or
				handheld sparkling devices" as that phrase is defined under APA 87-1, sections
				3.1.1 and 3.5.
3.50. "Special
				effects" means a combination of chemical elements or chemical compounds capable
				of burning independently of the oxygen of the atmosphere and designed and
				intended to produce an audible, visual, mechanical or thermal effect as an
				integral part of a motion picture, radio, television, theatrical or opera
				production or live entertainment.
3.51. "Special fireworks" means fireworks
				designed primarily to produce visible or audible effects by combustion,
				deflagration, or detonation, including firecrackers containing more than one
				hundred thirty (130) milligrams of explosive composition, aerial shells
				containing more than forty (40) grams of pyrotechnic composition, and other
				exhibition display items that exceed the limits for classification as consumer
				fireworks.
3.52. "Store" means a
				building classified as a mercantile occupancy that contains a variety of
				merchandise and that is not used primarily for the retail sales of consumer
				fireworks.
3.53. "Storage Facility"
				means any building, structure, magazine, igloo, barn, trailer, semitrailer or
				other mobile property in which consumer fireworks, display fireworks, special
				fireworks, or other pyrotechnics are stored, but in which no processing or
				manufacturing is performed.
3.54.
				"Temporary" as applied to buildings or structures: a building or structure not
				meeting the definition for permanent structure. As applied to electrical power
				and wiring: electrical service in use or in place for a period of 90
				consecutive calendar days or less. Examples of temporary structures without
				limitation include tents, shanties, or other forms of temporary shelter,
				housing or storage.
3.55. "Toy
				caps" means that term as defined under APA 87-1, section 3.3.
3.56. "Wholesaler" means any person,
				including any dealer, distributor, or jobber, who sells consumer fireworks to a
				retailer or any other person solely for resale in this state. It shall also
				include any person who sells articles of pyrotechnics, display fireworks, and
				special effects to a person licensed by the State Fire Marshal to possess and
				use those devices.