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 103-4-5 - Consumer Fireworks Certification; Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
Consumer fireworks certificate
				required
.
5.1.a. A retailer may not
				sell consumer fireworks unless the retailer is certified under this
				Rule.
5.1.b. To be certified to
				sell consumer fireworks a retailer shall:
5.1.b.1. Submit an application to the State
				Fire Marshal;
5.1.b.2 Submit with
				the application a copy of his or her current business registration
				certificate;
5.1.b.3 Pay a fee of
				$500.00 for each temporary retail sales location and $1000.00 for each
				permanent retail sales location to the State Fire Marshal;
5.1.b.4 Provide the State Fire Marshal proof
				that the retailer maintains at all times public liability and product liability
				insurance with minimum coverage limits of $1 million dollars to cover losses,
				damages or injuries that might result from selling consumer
				fireworks;
5.1.b.5. Provide other
				incidental information as the State Fire Marshal may require in the application
				process;
5.1.b.6. Submit at least
				one (1) certificate with the CFRS application to the State Fire Marshal and all
				other certificates shall be maintained on site and produced upon
				request;
5.1.b.7. The sales site
				must comply with all applicable local zoning and land use rules.
5.1.c. A consumer fireworks
				certificate is valid from no earlier than April 1st
				and expires no later than March 31st of the next
				calendar year.
5.1.d. A consumer
				fireworks certificate is not transferable.
5.1.e. A retailer shall post the certificate
				in a conspicuous place at the location of the business.
5.1.f. A separate certificate is required for
				each location of the business.
5.1.g. A certificate holder may also sell
				sparkling devices and novelties at the same location without additionally
				obtaining a sparkling devices and novelties registration.
5.1.h. A retailer who sells consumer
				fireworks shall comply with the regulations provided in NFPA 1124.
5.1.i. A retailer who sells consumer
				fireworks shall comply with applicable regulations provided in NFPA 1124 and
				NFPA 495 as applicable.
5.1.i.1. All consumer
				fireworks and pyrotechnic products not on display for retail sale shall be
				stored in accordance with NFPA 1124.
5.1.i.2. Any outdoor storage used to store
				consumer fireworks or pyrotechnic products shall obtain a valid permit from the
				State Fire Marshal.
5.1.j. A retailer shall sell the consumer
				fireworks only from a permanent building or structure that meets the
				specifications in NFPA 1124 or a temporary facility or structure that meets the
				specifications of NFPA 1124.7.3.5.
5.1.k. Smoking shall not be permitted at any
				CFRS Building, Facility, Store, Stand, Area or within 50 feet thereof.
5.1.k.1. Conspicuous signs indicating
				"FIREWORKS-NO SMOKING" shall be posted at frequent intervals inside the
				location, outside the location and within the vicinity to provide adequate
				notice of the prohibition to the public.
5.1.l. A retailer shall not be authorized
				within any concourse of any mall.
5.1.m. Retail displays of items which are
				exclusively novelties must be segregated from displays of items which are
				exclusively consumer fireworks. Items which are a combination of novelties and
				consumer fireworks shall be classified and regulated as consumer fireworks and
				treated as such for all purposes.
5.1.n. Any fees collected pursuant to this
				section shall be deposited in the State Fire Marshal Fees Fund established by
				the provisions of section twelve-b, article three, chapter twenty-nine of this
				code.
5.1.o. Notwithstanding any
				provision of the law or this rule to the contrary, no retailer may offer
				consumer fireworks for sale before June 1, 2016.