NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

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NFPA 1124

(Log #1)1124- 1 - (Chapter 1, 2, 3, 4, 5, and Appendix A): Accept inPrincipleSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Consider incorporating some of thestandards developed 12 years ago by the Committee in Draft 4 tothe old NFPA 1121, Model Fireworks Code into the new“Consumer Fireworks” chapter in NFPA 1124 as follows:

NFPA 1121 Model State Fireworks Code The retail storage and sale and the subsequent use by the publicof various types of fireworks is presently permitted by 37 of the 50states in the United States, and the number of “open” states hasbeen increasing over the past decade. The distribution of commonfireworks at the wholesale level is permitted in most states. Thecurrent NFPA code system provides no guidance to fire officialsregarding these activities; a code is urgently needed. NFPA currently has in effect NFPA 1123, Outdoor Display ofFireworks and NFPA 1124, Manufacture, Transportation andStorage of Fireworks. Enactment of a code covering the storage atwholesale and the retail storage, sale, and use of fireworks givesNFPA a complete set of documents regarding fireworks. Fireofficials are provided with guidance that is unavailable from anyother national source.

Chapter 1 General1-1 Scope.1-1.1 This Code shall apply to the wholesale storage of fireworks bylicensed companies. It shall also apply to the retail storage and saleof fireworks where authorized by the legislative body havingjurisdiction. It shall also apply to the use of fireworks by the publicin such areas.1-1.2 This Code shall not apply to the manufacture, transportation,or storage of fireworks at a manufacturing facility. (See NFPA 1124,Manufacture, Transportation and Storage of Fireworks.)1-1.3 This Code shall not apply to the use of fireworks in licensedoutdoor displays. It shall also not apply to the general conduct ofsuch displays. (See NFPA 1123, Outdoor Display of Fireworks)1-1.4 This Code shall not apply to the transportation, handling oruse of fireworks by the Armed Forces of the United States.1-1.5 This Code shall not apply to the transportation, handling, oruse of industrial pyrotechnic devices such as railroad torpedoes,fusees, automotive, aeronautical, and marine flares and smokesignals.1-1.6 This Code shall not apply to the sale and use of unmannedrockets and rocket motors used in conformance with NFPA 1122,Code for Unmanned Rockets.1-1.7 This Code shall not apply to the use of fireworks orpyrotechnics in the performing arts. (See NFPA 1126, Code forPyrotechnics in the Performing Arts)1-2 Purpose.1-2.1 The purpose of the Code is to provide reasonable protection,as detailed in this Code, to the public in areas where the sale anduse of common fireworks is permitted.1-2.2 The purpose of this Code is also to provide guidance topublic safety officials in areas where the sale and use of commonfireworks is permitted.1-3 Equivalency.This Code is not intended to prevent the use of systems, methods,or devices which provide equivalent protection to the provisions ofthis Code, providing equivalency can be demonstrated.1-4 Definitions. For the purpose of this Code, the following termsshall have the meaning given below. Explosive .* Any chemical compound, mixture, or device, theprimary or common purpose of which is to function by explosion.The term includes, but is not limited to, dynamite, black powder,pellet powder, initiating explosives, detonators, safety fuses, squibs,detonating cord, igniter cord, and igniters. The term “explosives”includes any material determined to be within the scope of Title18, United States Code, Chapter 40, Importation, Manufacture,Distribution and Storage of Explosive Materials, and also includeany material classified as an explosive by the Hazardous MaterialsRegulations of the U.S. Department of Transportation. Explosive Composition. Chemical or mixture of chemicals thatproduces an audible effect by deflagration or detonation whenignited. Fireworks . Any composition or device for the purpose ofproducing a visible or an audible effect by combustion,deflagration, or detonation, and which meets the definition of“common” or “special” fireworks as set forth in the U.S.Department of Transportation's (DOT) Hazardous Materials

Regulations, Title 49, Code of Federal Regulations, Parts 173.88and 173.100.Exception No. 1:* Toy pistols, toy canes, toy guns, or other devices inwhich paper and/or plastic caps, manufactured in accordance with DOTregulations, Title 49, Code of Federal Regulations, Part 173.100(p), andpacked and shipped according to said regulations, are not considered tobe fireworks and shall be allowed to be used and sold at all times.Exception No. 2: Unmanned rockets and rocket motors designed, sold,and used in compliance with NFPA 1122, Code for Unmanned Rocketsare not considered to be fireworks. (See NFPA 1122, Code for UnmannedRockets.)Exception No. 3: Propelling or expelling charges consisting of a mixtureof sulfur, charcoal, and saltpeter are not considered as being designed forproducing audible effects.Exception No. 4: Items described in Section 2E (Novelties and TrickNoisemakers), are not considered to be common fireworks.Common Fireworks. Any small firework device designed primarily to produce visibleeffects by combustion and which must comply with theconstruction, chemical composition, and labeling regulations ofthe U.S. Consumer Product Safety Commission, as set forth in Title16, Code of Federal Regulations, Parts 1500 and 1507. Some smalldevices designed to produce audible effects are included, such aswhistling devices, ground devices containing 50 mg or less ofexplosive composition, and aerial devices containing 130 mg or lessof explosive composition. Common fireworks are classified as ClassC explosives by the U.S. Department of Transportation (DOT) andinclude the following:A. Ground and Hand-Held Sparkling Devices. (1) Dipped Stick; Sparkler. Stick or wire coated with pyrotechniccomposition that produces a shower of sparks upon ignition. Totalpyrotechnic composition may not exceed 100 g per item. Thosedevices containing any perchlorate or chlorate salts may not exceed5 g of pyrotechnic composition per item. Wire sparklers whichcontain no magnesium and which contain less than 100 g ofcomposition per item are not included in this category, inaccordance with DOT regulations. (2) Cylindrical Fountain. Cylindrical tube not more than 3/4 in.(19 mm) inside diameter, containing up to 75 g of pyrotechniccomposition. Upon ignition, a shower of colored sparks, andsometimes a whistling effect, is produced. This device may beprovided with a spike for insertion into the ground (spikefountain), a wood or plastic base for placing on the ground (basefountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain). (3) Cone Fountain. Cardboard or heavy paper cone containingup to 50 g of pyrotechnic composition. The effect is the same asthat of a cylindrical fountain. (4) Illuminating Torch . Cylindrical tube containing up to 100 g ofpyrotechnic composition. Upon ignition, colored fire is produced.May be spike, base, or hand-held. (5) Wheel. Pyrotechnic device attached to a post or tree by meansof a nail or string. Each wheel may contain up to 6 “driver” units:tubes not exceeding 1/2 in. (12.5 mm) inside diameter andcontaining up to 60 g of pyrotechnic composition. Upon ignition,the wheel revolves, producing a shower of color and sparks and,sometimes a whistling effect. (6) Ground Spinner. Small device similar to a wheel in designand effect and placed on the ground and ignited. A shower ofsparks and color is produced by the rapidly spinning device. (7) Flitter Sparkler. Narrow paper tube filled with pyrotechniccomposition that produces color and sparks upon ignition. Thisdevice does not have a fuse for ignition. The paper at one end ofthe tube is ignited to make the device function.B. Aerial Devices. (1) Sky Rocket. Tube not exceeding 1/2 in. (12.5 mm) insidediameter that may contain up to 20 g of pyrotechnic composition.Sky rockets contain a wooden stick for guidance and stability andrise into the air upon ignition. A burst of color or noise or both isproduced at the height of flight. (2) Missile-type Rocket . A device similar to a sky rocket in size,composition, and effect that uses fins rather than a stick forguidance and stability. (3) Helicopter, Aerial Spinner. A tube not more than 1/2 in.(12.5 mm) inside diameter and containing up to 20 g ofpyrotechnic composition. A propeller or blade is attached which,upon ignition, lifts the rapidly spinning device into the air. A visibleor audible effect is produced at the height of flight. (4) Roman Candles . Heavy paper or cardboard tube notexceeding 3/8 in. (9.5 mm) inside diameter and containing up to20 g of pyrotechnic composition. Upon ignition, up to 10 “stars”(pellets of pressed pyrotechnic composition that burn with brightcolor) are individually expelled at several second intervals.


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(5) Mine, Shell . Heavy cardboard or paper tube up to 2 1/2 in.(63.5 mm) inside diameter attached to a wood or plastic base andcontaining up to 40 g of pyrotechnic composition. Upon ignition,“stars” [see B(4)], firecrackers [see C(l)], or other devices arepropelled into the air. The tube remains on the ground.C. Audible Ground Devices. (1) Firecracker , Salute. Small paper-wrapped or cardboard tubecontaining not more than 50 mg of pyrotechnic composition.Upon ignition, noise and a flash of light is produced. (2) Chaser . Small paper or cardboard tube that travels along theground upon ignition. A whistling effect, or other noise, is oftenproduced. The explosive composition used to create the noise maynot exceed 50 mg.D. Combination Items. Fireworks devices containing combinationsof two or more of the effects described in categories A, B, and C.E. Novelties and Trick Noisemakers.

NOTE: Items listed in this section are not classified as commonfireworks by the U.S. Department of Transportation.

(1) Snake, Glow Worm. Pressed pellet of pyrotechniccomposition that produces a large, snakelike ash upon burning.The ash expands in length as the pellet burns. These devices maynot contain mercuric thiocyanate. (2) Smoke Device. Tube or sphere containing pyrotechniccomposition that, upon ignition, produces white or colored smokeas the primary effect. (3) Wire Sparkler . Wire coated with pyrotechnic composition thatproduces a shower of sparks upon ignition. These items may notcontain magnesium and must not exceed 100 g of composition peritem. Devices containing any chlorate or perchlorate salts may notexceed 5 g of composition per item. (4) Trick Noisemaker . Item that produces a small reportintended to surprise the user. These devices include: (a) Party Popper. Small plastic or paper item containing notmore than 16 mg of explosive composition that is friction sensitive.A string protruding from the device is pulled to ignite it, expellingpaper streamers and producing a small report. (b) Booby Trap. Small tube with string protruding from bothends, similar to a party popper in design. The ends of the string arepulled to ignite the friction-sensitive composition, producing asmall report. (c) Snapper. Small, paper-wrapped item containing a minutequantity of explosive composition coated on small bits of sand.When dropped, the device explodes, producing a small report. (d) Trick Match. Kitchen or book match that has been coatedwith a small quantity of explosive or pyrotechnic composition.Upon ignition of the match, a small report or a shower of sparks isproduced. (e) Cigarette Load . Small wooden peg that has been coated witha small quantity of explosive composition. Upon ignition of acigarette containing one of the pegs, a small report is produced. (f) Auto Burglar Alarm. Tube which contains pyrotechniccomposition that produces a loud whistle and/or smoke whenignited. A small quantity of explosive, not exceeding 50 mg, mayalso be used to produce a small report. A squib is used to ignitethe device. Special Fireworks. Large fireworks designed primarily to producevisible or audible effects by combustion, deflagration, ordetonation. This term includes, but is not limited to, firecrackerscontaining more than 2 grains (130 mg) of explosive composition,aerial shells containing more than 40 g of pyrotechniccomposition, and other display pieces which exceed the limits forclassification as “common fireworks.” Special fireworks areclassified as Class B explosives by the U.S. Department ofTransportation. Pyrotechnic Composition. A chemical mixture which, uponburning and without explosion, produces visible, brilliant displays,bright lights, or sounds. Retail sale. The sale of fireworks to the general public for theirpersonal use. Storage . The keeping of common fireworks in an approved area intheir original shipping cartons or equivalent packaging whileawaiting distribution to wholesale or retail customers. Temporary stand . A small structure with an open front used forthe retail sale of fireworks for a period of time not to exceed 45days per year. Wholesale sale. The sale of fireworks to other wholesalers orretailers for subsequent resale.1-5 Permissible Fireworks.1-5.1* The legislative body having jurisdiction shall determinewhich items enumerated under the definition of “commonfireworks” in this standard may legally be sold to and used by thepublic.

1-5.2* The sale or use of any ground fireworks device containing inexcess of 50 mg of explosive composition per unit, or of any aerialfirework containing in excess of 130 mg of explosive compositionper unit is prohibited.1-5.3* The sale or use of any firework not complying with theregulations of the U.S. Consumer Product Safety Commission isprohibited.

Chapter 2 General Requirements For Retail Sales Buildings AndTemporary Stands.

2-1 Construction and Location.2-1.1 Retail fireworks buildings and stands shall be constructed ofwood, metal, masonry, concrete, or fire-resistant canvas.Flammable fabrics or plastic shall not be used.2-1.2 All retail sales locations must be at least 100 ft from anystorage tank or dispensing unit for flammable liquids or flammablegases.2-1.3 All retail sales locations shall be kept clear of dry grass orother combustible material for a distance of at least 10 ft in alldirections. Empty cardboard cartons shall not be allowed toaccumulate in the sales area.2-1.4 All retail sales locations shall be at least 100 ft from anychurch, hospital or school. This distance shall be at least 600 ft ifsky rockets or missile-type rockets are offered for sale.2-1.5 Smoking shall not be permitted within 10 ft of any fireworksstand or tent where fireworks are sold, or within 10 ft of anyfireworks in a building in which fireworks are offered for sale.“Fireworks -No Smoking” signs (in letters not less than 4 in. inheight) shall be conspicuously posted.2-1.6* Portable fire extinguishing equipment shall be kept on thepremises at all times. The authority having jurisdiction shalldetermine the number and type of extinguishers required.2-1.7 For stores and tents in which customers may handlemerchandise prior to purchase, an attendant at least 16 years of agemust be on duty at all times during operating hours.2-1.8 All fireworks stores, stands, and other retail outlets must beinspected by the authority having jurisdiction prior to opening forthe season, or on an annual basis. The retail sales permit or licenseshall be available at the store or stand for presentation uponrequest to duly authorized public safety officials.2-1.9 All electrical wiring, sockets, and outlets shall be securelymounted to the structure. Wiring and electrical service shall be soinstalled and maintained that it does not create an electrical hazardto the public.2-1.10 All fireworks retail sales locations shall be under the directsupervision of a responsible person who is 16 years of age or older.It shall be the responsibility of this supervisor to be familiar withand comply with this Code.2-2 Temporary Stands for Retail Fireworks Sales.2-2.1 Temporary stands for retail fireworks sales shall have a sellingopening in the front which permits the customer to viewmerchandise but prevents the touching or handling ofmerchandise.2-2.2 Stands shall have a minimum distance of 6 ft from the frontof the counter to the back side of the stand.2-2.3 Stands of less than 100 ft 2 in area shall have a door, of 36 in.minimum width, in the side or back through which standattendants can freely move. Stands of greater than 100 ft2 shall havea minimum of two exits. All doors used as exits shall openoutward.2-2.4 Stands shall not be illuminated or heated by any devicerequiring a flame or exposed heating elements. Portable electricheaters shall be equipped with a switch device to stop the flow ofcurrent if the heater is tipped over.2-2.5 If the stand is used for the overnight storage of fireworks, itshall be equipped with suitable means of preventing unauthorizedentry.2-3 Tents for Retail Fireworks Sales.2-3.1 All of the area within a tent used for the retail sale offireworks shall be maintained clear of dry grass, shavings, papertrash, or any combustible liquid.2-3.2 Tents shall have a minimum aisle width of 36 in., and aislesshall be kept free and unobstructed at all times.2-3.3 Exit ways shall be at least 44 in. in width, and at least threeare required.2-3.4 All merchandise shall be removed from the tent at the closeof business each day and placed in an appropriately securedstorage area, unless adequate security personnel are presentovernight to prevent unauthorized entry and theft.2-4* Protected Fuse. In retail sales locations, all fireworks devicesthat are readily accessible to handling by customers or the publicmust have their fuses suitably protected to prevent accidentalignition by a spark, cigarette ash, or other ignition source.


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Chapter 3 Storage of Class C Common Fireworks At WholesaleAnd Retail Sale Locations

3-1 Requirements for Storage Facilities.3-1.1 Buildings or trailers, at any location other than a fireworksmanufacturing plant, used exclusively for the storage anddistribution of common fireworks shall be constructed of masonry,metal, or other fire-resistant exterior.(For storage at amanufacturing plant, see NFPA 1124, Standard for theManufacture, Transportation and Storage of Fireworks).Exception: Common fireworks in quantities not exceeding 40,000 lb(gross weight of fireworks and packaging) may be stored in any weather-resistant building, container, or room that is acceptable to the authorityhaving jurisdiction and can be securely locked to prevent unauthorizedentry.3-1.2 Common fireworks stored in a building that is also used forother activities shall be stored in a room or area used exclusivelyfor that purpose, except that nonflammable materials may bestored in the room or area as well. Interior walls and doors of suchrooms shall have a minimum fire resistance rating of 1 hour.3-1.3 All doors of buildings, containers, or rooms used for thestorage of common fireworks shall be kept securely locked whenthe facility is not in use.3-1.4 All doors in fireworks storage areas shall be pressure-actuated from the inside and shall open outward. Exits must beclearly marked, and aisles shall be kept free of obstructions.3-1.5 Storage facilities shall be kept free of empty cartons and otherflammable materials.3-1.6. Smoking, matches, and open flames shall not be permittedinside any building, room, or area containing stored commonfireworks.3-1.7 No extension cords or other temporary wiring shall bepermitted within 25 ft of stored fireworks. Lights and wiring forstorage facilities shall comply with the provisions of NFPA 70, theNational Electrical Code for general commodities.3-1.8 No fireworks shall be stored within 100 ft of any dispensingunit for flammable liquids or gases.3-1.9 No fireworks shall be stored within 600 ft of any hospital,school, or nursing home.3-1.10* Portable fire fighting equipment shall be provided incommon fireworks storage areas as required by the authority havingjurisdiction.3-2 Work Areas.3-2.1 Work areas (such as areas where fireworks assortments arePackaged) shall be separated from stored fireworks by a wall orminimum separation distance of 25 ft.3-2.2 Work areas must have an exit other than through thefireworks storage area.3-2.3 No smoking or matches are permitted in work areas.

Chapter 4 Discharge Of Fireworks4-1 Prohibited Discharge Locations.4-1.1 No fireworks shall be discharged within 100 ft of anyfireworks retail sales location or fireworks storage area. Thisdistance shall be at least 600 ft for the discharge of sky rockets ormissile-type rockets.4-1.2 No fireworks shall be discharged within 600 ft of any church,hospital, or school building without the approval of the institution.4-1.3 No sky rockets or missile-type rockets shall be dischargedwithin 600 ft of any residence.4-1.4 No person shall ignite or discharge any fireworks within orthrow the same from a motor vehicle while within, nor shall anyperson place or throw any ignited article or fireworks into or atsuch a motor vehicle, or at or near any person or group of people.4-1.5 No fireworks shall be discharged within 100 ft of any personor group of people not actively participating in or viewing thedischarge of fireworks.4-2 Age Requirements. No fireworks shall be discharged by anyperson less than 16 years of age, unless under direct adultsupervision.

Chapter 5 Retail Sale Requirements5-1 Licenses and Permits.5-1.1 No person shall engage in the retail sale of fireworks withoutfirst having submitted an application for, and obtained, a licensefrom the authority having jurisdiction.5-1.2 A license shall also be required for the wholesale storage andsale of fireworks. The authority having jurisdiction shall inspectand approve the fireworks storage facility on an annual basis.5-1.3 All licenses shall be for a period of one year. The period forpermissible retail sale of fireworks shall be established by thelegislative body having jurisdiction.

5-1.4 The legislative body having jurisdiction shall determineappropriate penalties for the violation of any provision of thisCode.5-1.5 The authority having jurisdiction shall cancel any licensewhere, after a proper hearing, it is determined that a violation ofthis Code was willfully performed.5-1.6 The authority having jurisdiction shall have the right ofproper seizure of any illegal fireworks and, upon conviction, anylicense held by the violator shall be revoked.5-2 Limitations on Sales. No fireworks shall be sold to any personunder 16 years of age.

APPENDIX AA-1-4 Explosive. A list of explosives determined to be within thescope of 18 United States Code, Chapter 40, is published at leastannually by the Bureau of Alcohol, Tobacco, and Firearms, U.S.Department of the Treasury. Classification of explosives described in the Hazardous MaterialsRegulations of the U.S. Department of Transportation is as follows: Class A Explosives: Possessing detonating or otherwise maximumhazard, such as dynamite, desensitized nitrogy1cerine, lead azide,fulminate of mercury, black powder, blasting caps, and detonatingprimers. Class B Explosives: Possessing flammability hazards, such aspropellants, including some smokeless propellants andphotographic flash powders. Blasting Agents: Possessing minimum accidental explosionhazard. Class C Explosives: Includes certain manufactured articles whichcontain Class A or Class B explosives, or both, as components, butin restricted quantities. Forbidden Explosives: Explosives which are forbidden from ornot acceptable for transportation by common carriers. Certain chemicals and fuel materials may have explosivecharacteristics, but are not within the scope of 18 USC, Chapter 40,and are not specifically classified as explosives by the U.S.Department of Transportation. Authoritative information shouldbe obtained for such materials and action commensurate with theirhazards, location, isolation, and safeguards should be taken.A-1-4 Fireworks, Exception No. 1: The regulations referred to limitthe explosive content of each cap to not more than an average of0.25 grains (16.25 mg). Also, each package containing such capsmust be labeled to indicate the maximum explosive content percap.A-1-5.1 All devices which are sold as “common fireworks” mustcomply with construction, performance, and labeling requirementsof the U.S. Consumer Products Safety Commission (Code ofFederal Regulations, Title 16, Parts 1500 and 1507). States and locallegislative bodies may further restrict the types of fireworks allowedin a given jurisdiction.A-1-5.2 Devices containing explosive powder in excess of theselimits are banned by CPSC. There is a serious problem with the“bootlegging” of these illegal devices, however, and they should betreated as a serious violation by local officials.A-1-5.3 All devices which are sold as “common fireworks” mustcomply with construction, performance, and labeling requirementsof the U.S. Consumer Products Safety Commission (Code ofFederal Regulations, Title 16, Parts 1500 and 1507). States and locallegislative bodies may further restrict the types of fireworks allowedin a given jurisdiction.A-2-1.6 Water is the best means of fighting a fireworks fire.Suffocation methods will not be effective, as the devices containtheir own oxygen. A portable, non-water extinguisher may bedesired as well if an electrical fire is possible.A-2-4 This protection may be achieved by having the fireworks in asealed package, by wrapping a fuse with paper, or by covering theend of the fuse with tape. Thread-wrapped, lacquered “safety fuse”is considered to be protected for the purposes of this Code.A-3-1.10 Water is the best means of fighting a fireworks fire.Suffocation methods will not be effective, as the devices containtheir own oxygen. A portable, non-water extinguisher may bedesired as well if an electrical fire is possible.SUBSTANTIATION: The effort the Pyrotechnics Committeemade 12 years ago to establish technically sound fire preventionstandards for the retail storage, display and sales of consumerfireworks have merit. Now that the NFPA has finally permitted theonly Committee with balanced representation and the technicalexpertise to address these issues, the current Committee shouldconsider Draft 4 to the old NFPA 1121. There may be some provisions in Draft 4 that some of the newermembers of the Committee were unaware of and may have somemerit. For the benefit of those newer members of the Committeeand others, here is a brief history of why NFPA 1121, ModelFireworks Code was removed from the Committee, and why the


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Committee has been unable to address consumer fireworks outletsin NFPA 1124 until now. In the mid 80’s some members of the fire service in states thatpermitted consumer fireworks asked the Pyrotechnics Committeeto establish standards for retail storage and display of consumerfireworks. Retailers, including the large discount chain stores thatsold consumer fireworks also wanted guidance on these issues too. The Committee responded and the American PyrotechnicsAssociation (APA) submitted an initial draft of standards for theCommittee to consider. Over the next 2-years the Committee metand worked on 3 more drafts to the then NFPA 1121, ModelFireworks Code. The Committee was prepared to finalize this draftand make a committee proposal in 1988. When the Fire Marshals Association of North America (FMANA),now the International Fire Marshals Association (IFMA) and aNFPA Section learned of this effort, they strenuously objected tothe NFPA. As a result in August 1988, the NFPA Board of Directorsdirected the Standards Council to transfer NFPA 1121 from thePyrotechnics Committee to FMANA. The Committee’s scope wasrestricted as follows: “This Committee shall not develop documents on the use offireworks by the general public including sale, storage or display ofsame”. This move was unprecedented under the modern NFPARegulations Governing Committee Projects. The NFPA Regulations though only permit Technical Committeesmade up of balanced representation of the industries involved withthe technical expertise to address the committee scope to developNFPA Codes and Standards. The FMANA has no representationother than from fire marshals so the Model Fireworks Code was nolonger a part of the National Fire Code. In April 1997 the Standards Council revised the PyrotechnicsCommittee scope again, but it only restricted the Committee fromestablishing any standards regarding consumer fireworks use by thegeneral public. When the Committee began to revise NFPA 1124, Code for theManufacture, Transportation and Storage of Fireworks in 1997 itwas explained to the Committee by NFPA staff that this consumerfireworks use restriction continued the prohibition to developstandards for “retail display and sales”. After the tragic arson fire at a fireworks store in Scottown, OH inJune 1997, there was more pressure to develop standards forconsumer fireworks at wholesale and retail facilities. In 1998 theStandards Council apparently established a Task Group to studythe issue and make a recommendation on what course of action totake, however the Pyrotechnics Committee was never consulted. In the summer of 1998 the Fire Prevention Committee approved,with minor modifications, a proposal by their chair and therepresentative of FMANA to establish minimum standards forconsumer fireworks outlets. There was apparently no effort by thisCommittee to determine whether this issue was within their scope.Nor was there any communication to see what, if anything, thePyrotechnics Committee thought of this effort. During the public comment phase of NFPA 1, the Committeerejected a comment from Julie Heckman, Executive Director of theAmerican Pyrotechnics Association (APA) and a member of thePyrotechnics Committee. Her comment urged the Fire PreventionCommittee to delete the original proposal so that the PyrotechnicsCommittee, which had finally received permission from theStandards Council, could address this issue. The Fire Prevention Committee rejected her recommendationand their substantiation in part was: “The Committee believes that there is a justification of need forpublic safety regarding provisions for retail sales and storage ofconsumer fireworks facilities due to the recent incidents that haveoccurred in this unregulated occupancy. The Fire Prevention CodeCommittee recognizes that the NFPA Pyrotechnics Committee maybe starting to develop some requirements, but NFPA 1124 is notscheduled to be updated until the Spring 2002 revision cycle. Therequirements in NFPA 1 will provide the authorities havingjurisdiction that are faced with retail sales of consumer fireworkswith some regulation until NFPA 1124 addresses the issue in 2-1/2to 3 years”. This substantiation is most ironic because it was the NFPA, at theurging of the FMANA, who removed 1121 from the PyrotechnicsCommittee in 1988! The rationale for this action was that thePyrotechnics Committee was attempting to address the need forminimum fire and safety to life standards for consumer fireworksoutlets in the 37 states that allowed some or all consumer fireworksto be sold and used by the general public. And it has been the NFPA and the FMANA that continued overthe years to restrict the Pyrotechnic Committee scope in order to

prevent any minimum standards for consumer fireworks outlets tobe established. The politicization of the consumer fireworks issue by the NFPAand the FMANA undermines the entire NFPA TechnicalCommittee consensus process. It subverts the NFPA RegulationsGoverning Committee Projects and is contrary to the open andparticipatory NFPA code development process. More importantly, these biased maneuverings to block anystandards for consumer fireworks outlets increase the risk to publicsafety. If the minimum standards in Draft 4 to 1121 had beenapproved in 1989, and had been improved through subsequentrevisions; and if these had been adopted and enforced in Ohio, itis quite possible that the calamity in Scottown in 1997 could havebeen prevented.COMMITTEE ACTION: Accept in Principle.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #3)1124- 2 - (1-1, 1-1.1, 1-1.2): Accept in PrincipleSUBMITTER: Julie L. Heckman, American Pyrotechnics Assn.RECOMMENDATION: Revise the title of the standard as follows: Code for the Manufacture, Transportation, and Storage , andRetail Sales of Fireworks and Pyrotechnic Articles Revise Section 1-1 Scope as follows: 1-1 Scope. 1-1.1 This code shall apply to the manufacture, transportation,and storage of fireworks, pyrotechnic devices used in theentertainment industry, or any component(s) containingpyrotechnic or explosive materials and to the retail sales ofconsumer fireworks . 1-1.2 This code shall not apply to the retail sale of consumerfireworks and use of consumer fireworks by the general public.SUBSTANTIATION: To acknowledge requirements for retailsales of consumer fireworks in both the title of the standard andscope sections. This action is necessary if my previous proposal fora new Chapter 6 is adopted.COMMITTEE ACTION: Accept in Principle.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #3a)1124- 3 - (1-1 and 2-4): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a new 1-1.# and 2-4.#. 1-1.# This code shall apply to the wholesale and retail sales ofdisplay fireworks, consumer fireworks and pyrotechnic articles usedin the entertainment industry, or any fireworks or pyrotechniccomponent(s) containing pyrotechnic or explosive materials. 2-4.# The importation, distribution, wholesale or retail sales ofdisplay fireworks and pyrotechnic articles shall be permitted incompliance with federal, state and local regulations.SUBSTANTIATION: Importation, distribution, wholesale andretail sales of display fireworks and pyrotechnic articles arecommon and permitted, provided they are done in accordancewith the federal, state and local regulations. It is important toinclude these given the addition of wholesale and retail sales ofconsumer fireworks so it is clear they are permitted, and todelineate the differences between the three types of fireworkscovered by this document.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes the issue ofdistribution facility needs to be addressed but requires furtherstudy of the specific manner in which to best address it within thisdocument. The Committee has established a task group to addressthis issue and provide language during the comment period.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31


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VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #8a)1124- 4 - (1-1.3): AcceptSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Delete the word "display" and add thewords "and pyrotechnic articles" so it now reads: 1.1.3 This code shall not apply to the display site storage and useof fireworks and pyrotechnic articles conducted in accordance withNFPA 1123, Code for Fireworks Display.SUBSTANTIATION: Fireworks displays can and do useconsumer fireworks and pyrotechnic articles, not just displayfireworks. This change addresses this issue.COMMITTEE ACTION: Accept.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #2)1124- 5 - (1-2): Accept in PrincipleSUBMITTER: Julie L. Heckman, American Pyrotechnics Assn.RECOMMENDATION: Revise Section 1-2 Purpose as follows: 1-2 Purpose. 1-2.1 The purpose of this code is to improve safety in themanufacture, transportation, and storage of fireworks, pyrotechnicdevices used in the entertainment industry, and any component(s)containing pyrotechnic or explosive materials and for the retailsales of consumer fireworks .SUBSTANTIATION: To acknowledge the new Chapter 6, RetailSales of Consumer Fireworks in the purpose section of NFPA 1124.See my previous proposal to add a new Chapter 6 to the Code.COMMITTEE ACTION: Accept in Principle.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #7)1124- 6 - (1-4): Accept in PrincipleSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Revise the definition for bulk salutes so itis clear and precise by using the total net weight of flash powder ineach device and the total net weight of all other compositions ineach magazine for the exception.SUBSTANTIATION: The exception of when salutes are not to beconsidered “bulk salutes” for storage purposes is not clear. Is thisby gross weight? By net weight? In each carton or each magazine?By the shell count? In each carton or each magazine? This quick fix to deal does little to mitigate the very real risksassociated with flash powder and salutes. It creates an inventorymanagement and bookkeeping nightmare, and forcesmanufacturing and distribution facilities to increase risks byhandling the product more often than is otherwise prudent ornecessary. The Committee should develop specific process safetymanagement criteria for manufacturing, processing, storing,transporting and using flash powder and devices with flash powderthat minimize risks. These criteria should be based on actualhazard analysis of the various quantities of flash powder rather thansimplistic reclassifications and ambiguous exceptions.COMMITTEE ACTION: Accept in Principle.Revise the existing definition for Bulk Salutes as follows: Bulk Salutes. A collection of salutes or salute componentscontaining more than 2 lb. (0.9 kg) of salute powder, unless thesalutes are mixed with other types of aerial shells so that the totalquantity of salutes to other types of shells is less than 50 percent ina single magazine .COMMITTEE STATEMENT: The Committee accomplished theintent of the submitter with this revision to the definition.

NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #10a)1124- 7 - (1-4 Bulk Salutes, Comet (New), Mine (New), A-1-4,4.10.4 and A-4-10.4): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Revise the definition of bulk salutes toread as follows: Bulk Salutes. A collection of salutes or salute componentscontaining more than 10 lb (4.5 kg) of salute powder and stored ina magazine or in-process in an unattended process building, unlessthe salutes or salute components are mixed with other aerial shells,comets, mines or components so that the quantity of salutes orsalute components to other types of aerial shells, comets, mines orcomponents is less than 50 percent of the total quantity of all aerialshells, comets, mines or components stored in a magazine or in-process in an unattended process building. Also add the following two definitions: Comet. A fireworks device consisting of a large pellet ofpyrotechnic composition that is ignited and propelled from amortar tube by a charge of black powder. Comets frequently leave atrail of sparks as they rise in the air, and they sometimes burst intosmaller fragments at their zenith. Mine. A device designed to project numerous stars and othereffects, such as whistles and firecrackers, into the air from amortar. A black powder charge ignites the contents of the mine,propelling its contents into the air to altitudes that usually arelower than those reached by aerial shells. Add the following to Annex A. Bulk Salutes. Salute powder and salutes are more energetic thanmost other fireworks, and thus present a greater potential risk inthe event of an accidental explosion. The purpose of delineatingbetween bulk salutes and salutes mixed with other types offireworks is to address this potential risk, while maintaining theability of facilities to prepare for displays that contain all types offireworks. The mixing of other aerial shells, comets, mines orcomponents to salutes and salute components stored in a magazineor in process in an unattended process building should be at least51-49 percent. This ratio should be calculated by counting theother aerial shells, comets, mines or components and salutes andcomponents if they are of similar configuration and size; countingthe cases of other aerial shells, comets, mines or components, andsalutes and components if they are of similar configuration, sizeand case counts; or the estimating net weight of all other aerialshells, comets, mines or components and salutes and componentsand all salutes and components. Some processes, such as thedrying of aerial shells, may take a few hours or a few days. As aresult unfinished fireworks or components are often in-process inunattended process buildings or rooms. Add a new 4.10.4.# (Old 2-6.1.#) Unfinished fireworks andcomponents shall be permitted to be kept in-process in anunattended process building or room, provided the unattendedprocess building or room meets the security, construction anddistance requirements for the corresponding type of magazine forthe type(s) and quantity of fireworks and components kept inprocess in the unattended process building. (See 2-10.3.) A-4.10.4.# Some processes, such as the drying of aerial shells,may take a few hours or a few days. As a result unfinishedfireworks and components are often kept in-process in unattendedprocess buildings or rooms.SUBSTANTIATION: Unfinished fireworks of all types, includingsalutes and salute components, are often kept in process inunattended process buildings, so this needs to be addressed. Mostsalutes are aerial shells, but some are ground salutes, however thecurrent definition implies the comparison is between aerial shellsonly. Salute components are counted as part of what constitutesbulk salutes, but aerial shell components, comets mines are notmentioned, making it unclear if they count towards the 50%exemption. The current ATF definition also mentions no quantity(Bulk salutes. Salute components prior to final assembly intoaerial shells, and finished salute shells held separately prior tobeing packed with other types of special fireworks.) yet under4.10.4.4 the code permits 10 pounds to be in a process building orarea. It is illogical to require a smaller quantity be placed in aType 2 magazine than is permitted to be in-process, especiallywhen in loose form while in-process there is greater risk ofaccidental ignition. Comets, mines and other components should


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be included with aerial shells in calculating the total quantity ineach magazine or unattended process building in order toaccurately assess the risk and the steps needed to mitigate that risk.Also the 50% delineation has been misinterpreted by some to be66-33% because the word "total" refers to the quantity of salutes to"other shells", so this need to be changed to clarify this. Explaininghow to calculate the ratio in the Annex should help, especiallywhen unfinished fireworks and components are involved. Theterms Comet and Mine are used in the body of the Code, but notdefined. They are defined in 1123 and these are the definitionsfrom 1123-95.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The proposed changes do notcomply with current federal regulations.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, KitchensCOMMENT ON AFFIRMATIVE: WEETH: If this proposal, which quantifies what should beconsidered “bulk salutes” for storage purposes, does not complywith the federal regulations, then neither does the existing languagein NFPA 1124. ATF Part 55, Explosives in Commerce Subpart B -Definitions, Section 55.11 Mean of terms. “Bulk salutes. Salutecomponents prior to final assembly into aerial shells, and finishedsalute shells held separately prior to being packed with other typesof special fireworks.” ATF has established no threshold amount for what quantifies“bulk salutes” so each ATF Inspector is free to interpret thisthreshold differently, which causes confusion and problems as wellas decreasing public safety. Many Inspectors refer to the currentNFPA 1124 definition, however it is at best ambiguous. Theexemption is based on a fixture of 50 percent star shells and saluteshells, however it does not include aerial comets or mines nor doesit establish if it is 50 percent of each shipping carton or eachmagazine. The ATF and the Committee have already established the 10-pound limit for flash powder or salutes in process, so the 10-poundlimit for what would constitute “bulk salutes” in storage is logical. Until and unless AT establishes a threshold quantity, theCommittee is not prohibited from doing so. Also there are no federal regulations regarding comets or mines.The Committee has already defined these in NFPA 1123 and giventhe fact that the quantity limits for what constitutes what is or is notbulk salutes is based on the count of other devices, they need to beincluded too.

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(Log #5)1124- 8 - (1-4 Consumer Fireworks Retail Sales Stand, CoveredFuse, Fire Break, Limited-Combustible Material, NoncombustibleMaterial, Permanent, Temporary, (New) ): Accept in PrincipleSUBMITTER: Julie L. Heckman, American Pyrotechnics Assn.RECOMMENDATION: Add the following definitions to NFPA1124 as follows: Consumer Fireworks Retail Sales Stand. A temporary orpermanent building or structure that is used solely for the purposeof selling consumer fireworks and related merchandise at retail andwhich has a floor area not greater than 800 sq ft (74 m). Standsmay include small buildings, plywood structures, manufacturedbuildings, semi-trailers, trailers, shipping containers, or similarstructures or facilities other than tents, canopies, or membranestructures. Covered Fuse. For fireworks not contained within a prepackagedassortment or multi-item package, a covered fuse is a thread-wrapped safety fuse with a nonflammable coating where only theoutside end is covered or a fuse wrapped with, covered by, orsealed within tape, paper, paperboard, cardboard, or othermaterials to prevent, retard, or delay the ignition of the fireworksdevice should it come into accidental contact with a small openflame such as a match or cigarette lighter. A fireworks device fuseshall also be considered covered if the fireworks device iscontained within a prepackaged assortment, multi-item package,container or wrapper which is arranged and configured, so that thefuse of the fireworks device cannot be touched directly by a personhandling the prepackaged assortment without the person having topuncture or tear the packaging or wrapper, unseal or break open apackage or container, or otherwise damage or distruct thepackaging material, wrapping, or container within which thefireworks are contained.

Fire Break. A solid planar material without holes or otheropenings constructed of sheet steel, sheet aluminum not less than0.19 in. (5 mm) thick, hardboard not less than 1/8 in. (3 mm)thick, gypsum board not less than 3/8 in. (10 mm) thick, woodpanels not less than 1/8 in. (3 mm) thick, plywood not less than1/4 in. (6 mm) thick, particleboard not less than 1/4 in. (6 mm)thick, cement fiberboard, plastic laminate not less than 1/8 in. (3mm) thick, or other approved material installed within a retaildisplay fixture containing consumer fireworks so as to impede orretard the rapid spread of an incipient fire, involving the fireworkspackaging materials, along a display level or shelf, from level tolevel or shelf to shelf, or to an adjacent display fixture. Limited-Combustible Material. A building construction materialnot complying with the definition of noncombustible material that,in the form in which it is used, has a potential heat value notexceeding 3500 Btu/lb (8141 kJ/kg), where tested in accordancewith NFPA 259, Standard Test Method for Potential Heat ofBuilding Materials, and complies with (a) or (b) below. Materialssubject to increase in combustibility or flame spread index beyondthe limits herein established through the effects of age, moisture,or other atmospheric condition shall be considered combustible. (a) Materials having a structural base of noncombustiblematerial, with a surfacing not exceeding a thickness of 1/8 in. (3.2mm) that has a flame spread index not greater than 50. (b) Materials, in the form and thickness used, other than asdescribed in (a), having neither a flame spread index greater than25 nor evidence of continued progressive combustion and of suchcomposition that surfaces that would be exposed by cuttingthrough the material on any plane would have neither a flamespread index greater than 25 nor evidence of continued progressivecombustion. (NFPA 220). Noncombustible Material. A material that, in the form in whichit is used and under the conditions anticipated, does not ignite,burn, support combustion, or release flammable vapors, whensubjected to fire or heat. Materials that are reported as passingASTM E136, Standard Test Method for Behavior of Materials in aVertical Tube Furnace at 750°C, shall be considerednoncombustible materials. (NFPA 220) Permanent. As applied to buildings or structures: a building orstructure constructed, erected, or placed on a foundation on a siteand having fixed utility connections which is intended to remain onthe site for more than 180 consecutive calendar days. Temporary. As applied to buildings or structures: a building orstructure that is in place for a period of 180 consecutive calendardays or less. (NFPA 102) As applied to electrical power and wiring: electrical service in useor in place for a period of 90 consecutive calendar days or less.(NFPA 70)SUBSTANTIATION: These terms are used within the newChapter 6, Retail Sales of Consumer Fireworks, that I havesubmitted as a separate proposal. The definitions are necessary forclarity.COMMITTEE ACTION: Accept in Principle.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, KitchensCOMMENT ON AFFIRMATIVE: WEETH: The issue of what constitutes a covered fuse is not assimplistic as this definition implies. This definition also attempts toestablish standards and needs to be revised to meet the newManual of Style. There are a variety of different types of fuses used on consumerfireworks and some consumer fireworks have no fuses at all. Therealso is no minimum standard for what material can be used tocover a fuse. Covering fuses with tissue or simply taping down safetyfuse without covering the tip of the fuses does nothing to retardpotential fire propagation. The Committee must define the different types of ignition fusesand ignition points, establish the types of materials that will retardpotential fire propagation and establish the minimumrequirements for covering fuses and packaging with those materialsin order to have an effective standard. WESTCOTT: I feel that the core safety issues are the density ofthe product and the projectile nature of some types of fireworks.While these issues have been addressed by the committee, I feelthat more needs to be done.

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(Log #5a)1124- 9 - (1-4 Distribution Facility (New) and Chapter 4): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add the following definition: Distribution Facility. A place where fireworks or pyrotechnicarticles are received, stored, packaged and packed into shippingcartons, and shipped from. Add Distribution Facilities to the chapter title, to 4-1.1, 4-1.3 and4-1.4SUBSTANTIATION: These requirements should also apply todistribution facilities as well as manufacturing facilities. There arevery few manufacturing facilities left in the US since most consumerfireworks are now imported. The standards for the storage,packaging and packing of consumer fireworks at distributionfacilities should be no less than those at a manufacturing facility.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes the issue ofdistribution facility needs to be addressed but requires furtherstudy of the specific manner in which to best address it within thisdocument.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #6a)1124- 10 - (1-4 Fireworks Plant, 2-3.1.1 Table 2-6.1, Table 2-6.2 and2-6.3): Accept in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Change the term "fireworks plant" tomanufacturing facility in 1-4 Inhabited Building, 2-3.1.1, Table 2-6.1, Table 2-6.2, and 2-6.3. Also add the phrase "or distribution facility" in 1-4 InhabitedBuilding and 2-3.1.1.SUBSTANTIATION: The term fireworks plant has been replacedby the defined term Manufacturing facility. Also these requirementsare applicable to distribution facilities that do not manufacture.COMMITTEE ACTION: Accept in Part.Change the term "fireworks plant" to "manufacturing facility" in 1-4Inhabited Building, 2-3.1.1, Table 2-6.1, Table 2-6.2, and 2-6.3. Do not add the phrase "or distribution facility" in 1-4 InhabitedBuilding and 2-3.1.1.COMMITTEE STATEMENT: The committee accepted therecommendation to replace the term "fireworks plant" with"manufacturing facility". The Committee believes the issue of distribution facility needs tobe addressed but requires further study of the specific manner inwhich to best address it within this document.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #4a)1124- 11 - (1-4 Various Definitions (New) ): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add the following definitions: Dealer. Any person engaged in the business of distributingexplosive materials at wholesale or retail. Distribute. To sell, issue, give, transfer, or otherwise dispose of.The term does not include a mere change of possession from aperson to his agent or employee in connection with the agency oremployment. Hardwood. Oak, maple, ash, hickory, or other hard wood, freefrom loose knots, spaces, or similar defects. Importer. Any person engaged in the business of importing orbringing explosive materials into the United States for purposes ofsale or distribution. Manufacturer. Any person engaged in the business ofmanufacturing explosive materials for purposes of sale ordistribution or for his own use. Plywood. Exterior, construction grade (laminated wood)plywood. Softwood. Fir, pine, or other soft wood, free from loose knots,spaces, or similar defects. Also add these two new terms: Distributor. See Dealer

SUBSTANTIATION: These terms are used or will be used inNFPA 1124 and come from the recently updated federalregulations.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The proposed definitions arealready covered by Title 27 CFR Part 55, which is included asreference in this code.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #11a)1124- 12 - (2-13): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Revise 4.20.4.2 to read as follows: 4.20.4.2* As a minimum, each display fireworks device shall beconspicuously marked with the following information: a. The size of the display fireworks device, if applicable b. A description of the type of device and the effect(s) c. A warning statement reading: WARNING: DANGEROUSEXPLOSIVE. If found, do not handle. Contact local fire or policedepartment. A-4.20.4.2 Markings should be on the device, unless it is too smallto do so conspicuously. If too small a tag or label on the packagewith the information should be marked conspicuously. a. Aerial shells, comets or mines should be marked with the sizeaccording to 4.20.4.1. Roman candles, gerbs and fountains shouldbe described by the inside diameter of their tubes. Ground setpieces, wheels and saxons b. Descriptions should indicate performance height anddiameter as well as the duration of the device's effect(s) c. The warnings should be in bold letters that are easilydiscernible from the rest of the markings. Revise 4.20.4.5 to read as follows: All preloaded chain fused devices, such as finale or barrageboxes, Roman candle batteries or cakes, shall have detailed andusable instructions the secure placement and necessarystabilization of the devices to prevent tipover during use. Add a new 4.20.4.# as follows: Manufacturers and suppliers shall provide users with basicinstructions on how to safely handle, store, transport, setup, useand dispose of display fireworks and pyrotechnic special effects. A.4.20.4.# Instructions should reference NFPA 1123 and indicate: a. the minimum distance for using the device to the audience andparking areas, occupied buildings, bulk storage from hazardousmaterials, etc. b. suggested methods of placement or loading of the device(s). c. suggested methods of igniting the device(s) d. prohibited uses of the device(s), if any e. and any unique hazards associated with the handling and use ofthe device(s).SUBSTANTIATION: NFPA 1124 already calls for instructions fora number of fireworks and pyrotechnic special effects (4.20.4.2,4.20.4.3 and 4.20.4.5), which can serve as a model for theCommittee to develop basic instructions for all fireworks devices.User instructions from the manufacturer or supplier for the properuse of their products are standard operating procedure for mostindustrial and consumer products. Instructions for the proper useof hazardous materials, and fireworks are classified as such, isimperative for the safe use of these products by users. Arequirement that instructions be provided does not mean themanufacturer or supplier will need to write a treatise for eachindividual item, since many fireworks function the same way. Manymanufacturers and suppliers now supply a simple 1-page set ofinstructions for the proper use of their products. The Committee already has established that instructions areimportant for disposal of aerial shells, for using binary systems andfor setting up pre-loaded chain fused aerial items, so it is not atremendous burden to expand this fundamental requirement. The Committee is correct that NFPA 1123 calls for the licensingand training of operators, but licensing and training are theexception rather than the norm. Display operators who are notlicensed or trained are then left without critical information onhow to store, transport, setup, use and dispose of hazardousmaterials, which are typically used at large public gatherings. This creates an unacceptable risk to the operators and the crewsas well as to public safety, something we are painfully reminded ofeach year.


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At the very least the Committee can require the manufacture orsupplier to provide basic instructions on how to store, transport,setup, use and dispose of both fireworks and pyrotechnic specialeffects.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes that displayfireworks are for professional use and this level of instruction is notnecessary. Instructions are currently contained in 4-19.5 (newnumbering).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 26 NEGATIVE: 2 NOT RETURNED: 3 Council, Hartmann, KitchensEXPLANATION OF NEGATIVE: BOWES: I was not present at the meeting, so I am not apprisedof all of the discussion on this submission. I am surprised howeverthat committee would reject a submission that would improvesafety with without adequate explanation. The comment given by the committee is that the requirements arealready contained in 19.5. This is not correct. The requirements in19.5 only apply to aerial fireworks. There are labeling requirementselsewhere in the code for indoor devices. This means there is norequirement for a great number of fireworks. The argument that since the items are for professional use only,that there is no need for identification, instructions and warnings isalso not correct. From the accidents that have occurred, it is clearthat “professionals” are just as capable of misidentifying ormisjudging products as non-professionals.COMMENT ON AFFIRMATIVE: WEETH: Display fireworks are NOT for professional use only!They are routinely sold to and used by people who have little or notraining, often in states with no license requirements and onlymininilamist permit requirements. Training efforts are improvinghowever providing a simple set of instructions will not beburdensome to the industry and will help provide for public safety. Also 4-19.5 only addresses instructions for preloaded-chain fusedaerial items and nothing else. The Committee must at the very least require the manufacturer ofdisplay fireworks to provide some sort of instructions beyond “loadin tube, light fuse, run away”.

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(Log #8)1124- 13 - (2-13): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add instructions for storage, handling anduse as based on the current requirement in NFPA 1127 3-3.2. 2-12 Display fireworks shall be shipped and sold with completeinstructions for their storage, handling, and use. Theseinstructions shall contain a warning to read and follow allinstructions carefully and to use the display fireworks onlyaccording to instructions. In addition, the instructions shallcontain the following: (a) Information on how to safely setup and ignite the displayfireworks by both manual and electrical means; (b) Performance data on the display fireworks, includingestimated fuse burn time for manual ignition, performance heightand burst radius, fallout area, and mortar type and placement foraerial shells, and performance time and height for other aerialfireworks; (c) Any special first aid data or action to be taken in the event ofburns or oral ingestion of the internal composition(s); (d) Information on the proper and safe disposal of the displayfireworks, if it is a dud, if it has become too old, has beensubjected to conditions that could impair its performance, or, inthe opinion of the user, has become unsafe; (e) Any special action that shall be taken to fight any fire inwhich stored display fireworks are involved; (f) Any other precautions needed for the storage, handling anduse of that particular display fireworks.SUBSTANTIATION: The Committee has required instructions inNFPA 1127 for high power model rocket motors. The Committeemust be consistent in the requirement for instructions for allenergetic materials. Manufacturers and suppliers must provideusers with at the very least some basic information on how to safelyuse the product. Instructions are fundamental towards providing for public safety,especially for products that are new or different that an operatormay not have used before.

Even if the operator is fully trained and well experienced in thestorage, handling and use of display fireworks, the AHJ may needto see the instructions to determine approvals for the use of somedisplay fireworks. The assistants, who may have less training orexperience than the operator, also may need to have basicinstructions how to use the product properly and safely.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, KitchensCOMMENT ON AFFIRMATIVE: WEETH: Specific ;language was referenced with the proposal andeven if it was not, this is an issue that must be addressed.Pyrotechnic articles are clearly within the scope of this documentand how and where they are assembled, packaged, packed andstored has yet to be addressed. Given the expansion of NFPA 1124 into retail sales of consumerfireworks, it will be important to delineate between theserequirements and those for the more specialized special effectsbusiness.

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(Log #6)1124- 14 - (2-13.3.6): Accept in Principle in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Revise the salute size limits to reflectchanges in NFPA 1123 2-1.7. Add a new recommendation to the labeling requirement for theselarger salutes and aerial shells with multiple reports and bottomshots that incorporates the use requirements in NFPA 1123. Also define “report” and “bottom shot”.SUBSTANTIATION: The Committee recently revised the salutesize limits to NFPA 1123 and these changes should be incorporatedinto NFPA 1124. The terms “report” and “bottom shot” are usedbut not clearly delineated from a salute.COMMITTEE ACTION: Accept in Principle in Part.Replace 2-13.3.6 with the following: 2-13.3.6 Single break aerial salute shells shall be limited to amaximum size of 5 in. diameter and length (exclusive of propellantcharge). Minimum standards of use shall include: 1. Non-metal mortars shall be used 2. Mortars used for salutes over 3 in. in diameter and length(exclusive of propellant charge) shall be individually supportedand separated from other mortars by 10 times the inside diameterof the mortar 3. Remote ignition or use of an added 5 second minimum delayfuse extension shall be used 4. Salute shells shall be preloaded into mortars Add a new 2-13.3.7 as follows and renumber accordingly: 2-13.3.7 Multiple break shells with salutes and shells consisting ofmultiple salute inserts or components shall meet the followingrequirements: 1. Final or “bottom” shots (salutes) on multiple break shellsshall not exceed the criteria for single break salutes. 2. Aerial shells containing multiple salutes shall consist ofcomponent salutes not exceeding 3 in. and 3 oz individually. 3. Requirements of ruse and operator restrictions described forsingle break salutes shall apply, except that multi-break shells shallbe permitted to be fired from steel mortars buried in the ground,troughs, or drums. Do not define report or bottom as recommended.COMMITTEE STATEMENT: The Committee accomplished theintent of the submitter regarding salute size limits by incorporatingthe requirements proposed for the new edition of NFPA 1123,Code for Fireworks Display. The Committee did not add the definitions since no specificlanguage was provided and the Committee does not believe thedefinitions are needed in the code.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #14a)1124- 15 - (3-1, 4.10.4.4, 4.10.4.5): Accept in PrincipleSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add the following: 3.1 Whistle composition. An explosive composition that makes aloud hum or whistle when ignited in an tube open on one end,and constitutes the primary pyrotechnic mixture in a whistle. Revise the following: 4.10.4.4 A maximum of 10 lb (4.5 kg) of salute powder or whistlecomposition, either in loose form or in assembled units, shall bepermitted in any process building or area at one time. 4.10.4.5 Quantities of salute powder or whistle composition inexcess of 10 lb (4.5 kg) shall be kept in an approved magazine.(See 4.10.#) Also resolve the duplication with 4.10.5.3 and 4.10.5.4.SUBSTANTIATION: Whistle composition is at least as energeticas salute powder and a lower limit is needed to reduce the chancesof an accident in a process room or area telegraphing to otherareas. The revision clarifies the quantity limitation.COMMITTEE ACTION: Accept in Principle.Add the following new definition: 3.1 Whistle composition. A pyrotechnic composition that whenpressed into a tube with an open end burns in an oscillatorymanner to produce an audible effect. Revise 4.10.4.4 and 4.10.4.5 as follows: 4.10.4.4 A maximum of 10 lb (4.5 kg) of salute powder, either inloose form or in assembled units, shall be permitted in any processbuilding or area at one time. 4.10.4.5 Quantities of salute powder in excess of 10 lb (4.5 kg)shall be kept in an approved magazine. Add a new section and explanatory information as follows: 4.10.4.6* A maximum of 10.0 kg (22 lb) of whistle compositionin loose form shall be permitted in any process building or area atone time. Add A.4.10.4.6 There is a substantial reduction in the hazardwhen whistle composition is in pressed form. Delete existing 2.6.1.3 and 2.6.1.4.COMMITTEE STATEMENT: The edits to the definition clarifiedthe meaning and also represented a more technically correctdefinition. The deleted sections are duplicates of 2.6.2.4 and 2.6.2.5. The Committee revised the proposed wording for 4.10.4.4 and4.10.4.5 to retain separate requirements for salute powder andwhistle composition and added a new 4.10.4.6 and explanatorysection to address the different hazard between whistlecomposition in loose and pressed form.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #9a)1124- 16 - (3-1 and Chapter 6): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add the following new text. 3.1* Retail sale. The sale of fireworks directly to the end user. A-3.1 Retail Sale. For consumer fireworks, the end user could beeither the general public or the operator of a fireworks display withwhatever licenses or permits that are required by the authorityhaving jurisdiction. For display fireworks the end user should onlybe the operator of a fireworks display with whatever licenses orpermits that are required by the authority having jurisdiction. 3.1 Wholesale sale. The sale of fireworks to other wholesalers orretailers for subsequent resale. 3.1 Mixed facility. A facility where both retail and wholesale salesare conducted. Also add the following new text: 3.1 Showroom. A retail or wholesale facility where individualconsumer fireworks and variety packs are displayed for viewing bypotential customers and all stock is stored in a storage room(s) orbuilding(s). 3.1 Mixed facility. A retail or wholesale facility that sells consumerfireworks to the general public and dealers. Also add the following new text: 6.# Showrooms. 6.#.1 Showrooms shall display only individual consumer fireworksand variety packs for viewing by potential customers. 6.#.2 Individual consumer fireworks and variety packs displayed inshowrooms shall be inert, or wrapped in clear cellophane paperwith covered fuses, or in some other similar fashion.

6.#.3 Showroom customers shall not be permitted to handle theindividual fireworks and variety packs on display without directassistance from a sales clerk. 6.#.4 All consumer fireworks and variety packs stock atshowrooms shall be stored in an approved storage room(s) orbuilding(s) that meet the requirements of Chapter 2 or Chapter 4. 6.#.5 Approved storage room(s) or building(s) at showroomsshall not be open to the general public for shopping. 6.#.6 Showroom sales clerks shall take orders from customers andfill those orders from the stock in approved storage room(s) orbuilding(s). 6.#.7 Orders shall be delivered to the customers in sealed bags orcartons at an approved location(s) in the showroom or storageroom(s) or building(s). Also add the following new text: 6.# Distribution facilities. 6.#.1 Distribution facilities shall not be open to the generalpublic. 6.#.2 Distribution facilities shall only conduct wholesale sales. 6.#.3 Distribution customers shall be permitted to handle theindividual fireworks and variety packs without direct assistancefrom a sales clerk. 6.#.4 All consumer fireworks at distribution facilities shall bestored in an approved storage room(s) or building(s) inaccordance with Chapter 2 or Chapter 4. 6.#.6 Sales clerks shall take orders from customers and fill thoseorders from the stock in approved storage room(s) or building(s). 6.#.7 Orders shall be delivered to the customers in sealed bags orcartons at an approved location(s) in the storage room(s) orbuilding(s). 6.# Mixed Facilities. 6.#.1 Mixed facilities shall separate their retail and distributionoperations so the storage room(s) and building(s) are not open tothe general public. 6.#.2 Sales counters or desks shall be permitted to transact bothretail and wholesale sales. 6.#.3 Wholesale and retail sales at mixed facilities shall beconducted in accordance with all of the requirements of thischapter.SUBSTANTIATION: The revision in scope expands the types offacilities this code will apply to. Showrooms, distribution facilitiesand mixed facilities need to be included but delineated from retailoutlets, stands and tents. The requirements in the ROP for thesetypes of facilities would be unrealistic and too restrictive for thesefacilities. The existing Chapter 4 Storage of Consumer Fireworks atManufacturing Facilities would not apply to these facilities so therewould be a gap between retail and manufacturing.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes the issue ofdistribution facility needs to be addressed but requires furtherstudy of the specific manner in which to best address it within thisdocument. The Committee has established a task group to addressthis issue and provide language during the comment period.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #7a)1124- 17 - (Chapter 4): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a new chapter titled Storage ofPyrotechnic Articles at Manufacturing or Distribution Facilities andmirror the requirements in existing Chapter 4 OR Revise existing Chapter 4 and include pyrotechnic articles withconsumer fireworks.SUBSTANTIATION: Currently NFPA 1124 addresses the handlingand storage of display fireworks and consumer fireworks, but doesnot address the handling and storage of pyrotechnic articles. As aresult some authorities having jurisdiction have required theassembly, packaging or packing of these in process buildings or thestorage of these devices in approved magazines. Pyrotechnicarticles should be permitted to be assembled, packaged andpacked in non-process buildings, and stored in storage buildings aslong as fundamental fire and theft protection measures are taken.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: No specific language was providedwith the submittal. The Committee believes the issue ofdistribution facility needs to be addressed but requires further


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study of the specific manner in which to best address it within thisdocument. The Committee has established a task group to addressthis issue and provide language during the comment period.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #12a)1124- 18 - (Chapter 4): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Revise the title of 4-18 to “Operations inStorage Buildings and Work Buildings, Rooms or Areas” andrenumber accordingly. Define the term Work Building, Room or Area as follows, andrevise the term work areas as used in 4-19 accordingly. A.3 Work Building, Room or Area. A building, room or areawhere finished consumer fireworks are unpacked from shippingcartons, labeled, packaged, or packed into shipping containers, orother non manufacturing operations are conducted. Work Buildings, Rooms or Areas are typically found atManufacturing Facilities, Distribution Facilities, or Retail Facilitiesand are considered non-process buildings, rooms or areas. Also revise 4.19.1 as follows: “Work Buildings, Rooms or Areas shall be separated from StorageBuildings, Consumer Fireworks Retail Sales Stands, Showrooms,and Retail Stores and any stored consumer fireworks by a wall witha fire-resistance rating of 1 hour or by a minimum separationdistance of 25 ft (7.6 m).” Add a new 4-19.3 as follows: “No more than 2,000 lb (908 kg) of consumer fireworks shall bepermitted in any work building, room or area at one time.” And add a new 4-19.3 as follows: “No more than 2,000 lb (908 kg) of consumer fireworks shall bepermitted in any work building, room or area at one time.” Add a new 4-19.44.19.4* as follows: “The number of occupants in each work building, room or areashall not exceed the number necessary for proper conduct ofpackaging or other operations.” A.4.19.4 This requirement is for purposes of minimizingpersonnel exposure and is distinct from any requirement onmaximum building occupancy that might exist in local ordinances. Add a new 4-19.54.19.5 as follows: “Operations in work buildings, rooms or area shall be limited tothe opening of shipping cartons, packaging of assortments orpreparatory work to product for retail display, the repacking andsealing of shipping cartons, the moving and stacking of sealedshipping cartons, housekeeping and similar activities.” Revise 4.18.2 to read as follows: “Operations in consumer fireworks storage buildings shall belimited to the opening of shipping cartons, the repacking andsealing of shipping cartons, the moving and stacking of sealedshipping cartons, housekeeping and similar activities.” Revise the last sentence in 4.18.3.2 by replacing the word"magazine" with the words "storage building" so it now reads: "Storage buildings shall be kept clean, dry, and free of grit, paper,empty used packages, and rubbish. Brooms and other cleaningutensils shall not have spark-producing metal parts. Sweepingsfrom storage buildings floors shall be disposed of in compliancewith all applicable regulations.”SUBSTANTIATION: The term "Work Area" is used in 4-5 but isnot defined or classified. The term implies a room but also couldbe a separate building or an area outside a building. It is necessaryto delineate these from process buildings, rooms or areas wheremanufacturing operations are conducted so that the requirementsfor process buildings, rooms or areas are not applied to thesefacilities. Work Building, Room or Areas can be found at a variety offacilities, not just consumer fireworks buildings at manufacturingfacilities, and these standards should apply to all facilities. Limitations on quantities and occupants should be established inWork Buildings, Rooms or Areas, because there always is thelikelihood of loose powders. This is especially a safetyconsideration with the common use of shrink wrap machines forpacking of assortments. Finally 4-18.3.2 needs to be revised because storage buildings arenot magazines, although housekeeping in them is just as important.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes the issue ofdistribution facility needs to be addressed but requires further

study of the specific manner in which to best address it within thisdocument. The Committee has established a task group to addressthis issue and provide language during the comment period.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #CP2)1124- 19 - (4-1.4, Table 4.1.4, Appendix A.4.1.4): AcceptSUBMITTER: Technical Committee on PyrotechnicsRECOMMENDATION: Delete 4.1.4 and the accompanying Table4.1.4 and the appendix reference A.4.1.4.SUBSTANTIATION: The deleted section does not apply tomanufacture of fireworks and is not appropriately addressed withinthis chapter. The Committee has assigned this topic to a taskgroup to develop the requirements.COMMITTEE ACTION: Accept.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #15a)1124- 20 - (4-10.6.3, 4.10.6.4): Accept in Principle in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Change 4.10.6.3 as follows: “Up to 50 lb (22.7 kg) of pyrotechnic composition, stars,unfinished fireworks or finished display fireworks placed incovered, nonferrous containers shall be permitted to be stored inan approved indoor magazine that is inside a process building.” Change 4.10.4.3 as follows: “Pyrotechnic composition, stars, unfinished fireworks or finisheddisplay fireworks shall be permitted to be stored in a processbuilding when in compliance with 4.10.6.3 or 4.10.6.4.” Add a new 4.10.6.4 and renumber other sections accordingly: “Up to 500 lb (227 kg) of pyrotechnic composition, stars, orunfinished fireworks, or 10 lb (4.5 kg) of salute components orunfinished salutes, shall be permitted to be kept in-process insidean approved process building (See 4.10.5.2 and 4.10.5.3). Suchprocess buildings shall meet the table of distances, theft resistanceand fire resistance requirements for a Type 2 magazine if salutecomponents or unfinished salutes are in process, or a Type 4magazine if pyrotechnic composition, stars, or unfinished fireworksare in process.”SUBSTANTIATION: The wording of 4.10.6.3 is confusing andsounds as if only 50 lbs can be held in a process building, whenactually the limit is 500 pounds. It is trying to say that only 50pounds can be in the indoor magazine within a process building.The revision makes this clear. 4.10.6.3 also conflicts with existing 4.10.4.3, with one permittingstorage while the other restricting storage. 4.10.4.3 also currentlyrefers to the wrong paragraph. ATF grants variances for keeping unfinished product in-processinside process buildings. Without such variances manufacturerswould not be able to dry fireworks overnight using dehumidifiersand heat. The new provision allows this when approved by theauthority having jurisdiction.COMMITTEE ACTION: Accept in Principle in Part.Reject proposed change to 4.10.6.3 and 4.10.4.3 Add a new 4.10.6.4 and renumber other sections accordingly: When approved by the Bureau of Alcohol, Tobacco and Firearmsand the AHJ, up to 500 lb (227 kg) of pyrotechnic composition,stars, or unfinished fireworks, which shall be permitted to includeup to 10 lb (4.5 kg) of salute components or unfinished salutes andup to 10 kg (22 lb) of whistle composition in loose form, shall bepermitted to be kept in-process inside an approved processbuilding. Such process buildings shall meet the table of distancesand construction requirements for a Type 2 magazine if salutecomponents or unfinished salutes are in-process, or a Type 4magazine if pyrotechnic composition, including whistlecomposition, stars or unfinished fireworks are in process.COMMITTEE STATEMENT: The proposed changes to 4.10.6.3and 4.10.4.3 were rejected because the requirements are alreadycovered in 4.9.4.4 and 4.9.3.3.


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The Committee modified the proposed revision to 4.10.6.4 toinclude whistle composition. Other changes are editorial in natureand the intent of the submitter has been satisfied.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #4)1124- 21 - (Chapter 6 (New)): Accept in PrincipleSUBMITTER: Julie L. Heckman, American Pyrotechnics Assn.RECOMMENDATION: Add a new Chapter 6, Retail Sales ofConsumer Fireworks, to read as follows:

Chapter 6 Retail Sales of Consumer Fireworks6.1 Applicability. Retail sales facilities where consumer fireworksare sold to the general public shall comply with the requirementsof this chapter. The requirements of this chapter shall beapplicable to permanent buildings and structures and temporaryfacilities including consumer fireworks retail sales stands, tents,canopies, and membrane structures.Exception: Permanent retail sales buildings or mercantileoccupancies where the floor area of the space containingconsumer fireworks including immediately adjacent aisles does notexceed 10 percent of the floor area of the entire retail sales spacewithin which the consumer fireworks are placed on display for sale.6.2 Basic Requirements.6.2.1 Where required by state or local laws, ordinances, orregulations, a permit shall be obtained to construct, erect andoperate any permanent building or structure, temporary structure,tent or canopy used for the purpose of selling consumer fireworksto the public and for the storage of consumer fireworks inconnection with such sales.6.2.2 Where required by state or local laws, ordinances, orregulations, plans shall be submitted to the authority havingjurisdiction with the permit application. The plans shall includethe design, details and specifications for the following: (a) Maximum quantities and types of consumer fireworks to bedisplayed for sale and stored. (b) Distances from public ways, property lines, buildings, otherconsumer fireworks retail sales facilities, parking areas, motorvehicle fuel-dispensing stations, retail propane dispensing stations,flammable and combustible liquid storage, and flammable gas andflammable liquefied gas bulk storage and dispensing areas within100 ft (30.5 m) of the facility used for the retail sales of consumerfireworks. (c) Vehicle access and parking areas. (d) Location and type of fire appliances. (e) Floor plan and layout of storage and displays to indicatecompliance with this chapter. (f) Means of egress. (g) Construction details.6.3 Construction.6.3.1 Buildings and Structures. Consumer fireworks shall beallowed to be sold at retail in any of the following buildings orstructures: (a) Permanent building or structure constructed in accordancewith the building code enforced by the authority havingjurisdiction. (b) Temporary structure constructed in accordance with thischapter. Any temporary consumer fireworks retail sales standgreater than 800 sq ft (74 m2 ) in area shall meet the requirementsfor a permanent structure.Exception: Tents, canopies, and membrane structures. (c) Tents, canopies, or temporary membrane structurescomplying with NFPA 102, Standard for Grandstands, Folding andTelescopic Seating, Tents, and Membrane Structures.

6.3.2 Mixed Uses. Where consumer fireworks retail sales facilitiesare located in a building containing other tenants, the consumerfireworks retail sales facility shall be completely separated from theother tenants by fire barriers having a fire resistance rating of notless than one hour. Any door or window openings in fire barrierwalls shall be protected with fire doors or fire windows having afire protection rating of not less than 3/4-hr and shall be installedin accordance with NFPA 80, Standard for Fire Doors and FireWindows. Any openings in fire barrier floors and any penetrationsof the fire barriers shall be protected in accordance with NFPA101, Life Safety Code.6.3.3 Storage Areas. Storage rooms or areas used to storeconsumer fireworks shall be separated from the retail sales area bya fire barrier having a fire resistance rating of not less than 1 hr.Door and window openings in the fire barrier wall shall beprotected by fire doors or fire windows having a fire protectionrating of not less than 3/4 hr and shall be installed in accordancewith NFPA 80, Standard for Fire Doors and Fire Windows. Anyother openings or penetrations in the fire barrier wall shall beprotected in accordance with NFPA 101, Life Safety Code.6.4 Site Requirements.6.4.1 Fire Department Access. Any portion of an exterior wall of abuilding, sidewall of a tent, or other defined perimeter of aconsumer fireworks retail sales facility shall be located not morethan 150 ft (45.7 m) from a fire apparatus access road or publicway as measured by an approved route around the exterior of thefacility.6.4.2 The area located within the minimum clearance required forcombustibles around a temporary consumer fireworks retail salesfacility shall be kept free of accumulation of dry grass, dry brushand combustible debris.6.4.3 No motor vehicle or trailer shall be parked within 20 ft (6.1m) of a temporary consumer fireworks retail sales facility exceptwhen delivering, loading or unloading fireworks or othermerchandise and materials used, stored, or displayed for sale inthe facility.6.4.4 Fireworks shall not be ignited, discharged, or otherwise usedwithin 100 ft (30.5 m) of a consumer fireworks retail sales facility.At least one sign reading “NO FIREWORKS DISCHARGEWITHIN 100 FEET” in letters at least 2 in. (5.1. cm) high on acontrasting background shall be conspicuously posted on theexterior of each side of the facility.6.4.5 No smoking shall be allowed inside or within 20 ft (6.1 m) ofthe consumer fireworks retail sales facility. At least one signreading “NO SMOKING WITHIN 20 FEET” in letters at least 2 in.(50.8 mm) high on a contrasting background shall beconspicuously posted on the exterior of each side of the facility andwithin the facility.6.5 Separation Distances.6.5.1 Permanent Facilities. Permanent buildings and structuresused for the retail sales of consumer fireworks shall be separatedfrom adjacent property lines that can be built upon and buildingson the same site in accordance with the building code enforced bythe authority having jurisdiction. For jurisdictions that do notenforce a local building code, the following constructionrequirements shall apply: (a) Buildings having an area not greater than 8,000 sq ft shall beallowed to be constructed of any suitable construction materials. (b) Buildings having an area greater than 8,000 sq ft shall beconstructed entirely of noncombustible or limited-combustiblematerials.Exception: Buildings with exterior walls having a fire resistancerating of not less than 2 hr shall be permitted to have the roofdecking and its supporting structure and interior partitionsconstructed of combustible materials. (c) Roof coverings for any building shall have a minimum ClassC rating.6.5.2 Temporary Facilities. temporary consumer fireworks retailsales facilities shall be located as specified in Table 6.5.

Table 6.5 Temporary Consumer Fireworks Retail Sales Facilities — Minimum Separation Distances 1

TO:FROM:

Buildings(feet)

Combustibles(feet)

Property Line(feet)

Vehicle Parking(feet)

Public Way(feet)

Storage of Consumer

Fireworks2

Tents 25 25 20 20 0 25Stands3 25 6 5 20 0 25

1 1 ft - 30.5 cm2 Where stored in an approved magazine, no separation distance shall be required.3 Temporary fireworks retail sales stands shall be separated from other such stands by not less than 5 ft (1.3 m).


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6.5.3 Other Separation Distances. Consumer fireworks retail salesfacilities shall not be located within 50 ft (15.2 m) of any motorvehicle fuel-dispensing station dispenser, retail propane dispensingstation dispenser, or flammable liquid or combustible liquid,flammable gas, or flammable liquefied gas aboveground tankstorage or within 100 ft (30.5 m) of any bulk storage of flammableor combustible liquid, flammable gas or flammable liquefied gasincluding bulk dispensing areas.Exception No. 1: Fuel within the tanks of generators and fuelstorage for generators in accordance with 6.10.3.Exception No. 2: Fuel within the tanks of motor vehicles.6.6 Means of Egress.6.6.1 General. Means of egress in all permanent consumerfireworks retail sales buildings or structures shall comply with theapplicable requirements of NFPA 101, Life Safety Code, except asmodified by this section. Means of egress in tents and membranestructures used for consumer fireworks retail sales shall complywith NFPA 102, Standard for Grandstands, Folding and TelescopicSeating, Tents, and Membrane Structures. Means of egress intemporary consumer fireworks retail sales stands shall comply withthis section.6.6.2 Fire Safety and Evacuation Plan. An approved fire safety andevacuation plan shall be prepared in writing and maintainedcurrent. The evacuation plan shall be posted in a conspicuouslocation which is accessible by the general public as well as bypersons employed or otherwise working in the facility.Exception: Temporary consumer fireworks retail sales facilities.6.6.3 Aisles. Aisles serving as a portion of the exit access inconsumer fireworks retail sales facilities shall comply with thissection.6.6.3.1 Aisle Width. Aisles shall have a minimum clear width of 44in. (1.1. m). The required width of aisles shall be maintainedunobstructed at all times the facility is occupied by the generalpublic.Exception: In temporary consumer fireworks retail sales standswhere the interior is not accessible to the public, the minimumclear width of the aisle shall be not less than 28 in. (71 cm).6.6.3.2 Aisle Arrangements. At least one exit access aisle shall beprovided and arranged so that travel along the aisle leads directly toan exit door without a change in the direction of the path of travel.Each exit door shall be located so that at least one exit access aisleis arranged so that travel along the aisle leads directly to the doorwithout a change in the direction of the path of travel. Exit accessaisles shall terminate at an exit door, another exit access aisle, or across aisle. No exit access aisle shall terminate in a dead-end aisle.Where more than one aisle is provided, at least one exit accesscross aisle shall have an unobstructed connection with every exitaccess aisle, except other cross aisles, in each 50 lineal ft (15.2 m)or fraction thereof of each aisle in the retail sales area.6.6.4 Number of Exits. The minimum number of exits providedfrom the retail sales area shall be at least 3 or as determined inaccordance with NFPA 101, Life Safety Code, whichever requiresthe greater number.Exception: Temporary consumer fireworks retail sales stands shallbe permitted to have not less than 2 exits.6.6.5 Exit Access Travel Distance. Exits provided for the retailsales area of permanent fireworks retail sales buildings andstructures and tents, membrane structures, and canopies shall beso located so that the maximum length of exit access travel,measured from the most remote point to the entrance, to an exitalong the natural and unobstructed path of egress travel, shall notexceed 75 ft (22.9 m). Exits provided for temporary fireworks retailsales stands shall be arranged so that the maximum length of exitaccess travel shall not exceed 35 ft (8.9 m).6.6.6 Doors. Doors used in the means of egress shall comply withthis section.6.6.6.1 Size of Doors. Egress doorways shall be of a size as toaccommodate the installation of a door not less than 36 in. (91cm) in width. Exit openings from tents shall have a clear openingwidth of not less than 44 in. (1.1. m).Exception: Egress doors provided for temporary fireworks retailsales stands where the interior is not accessible to the public shallbe permitted to be not less than 28 in. (71 cm) in width.6.6.6.2 Panic Hardware. Every egress doorway that has a latchingdevice shall be provided with panic hardware complying withNFPA 101, Life Safety Code.Exception: Temporary consumer fireworks retail sales stands.6.6.6.3 Door Swing. Means of egress doors shall be of the side-hinge swinging type and shall be arranged to swing in the directionof egress travel.6.7 Exit Signs and Emergency Lighting.6.7.1 Exit Signs. Exit access doors shall be marked by an approvedexit sign readily visible from any direction of egress travel in

accordance with NFPA 101, Life Safety Code. Exit signs shall notbe required to be illuminated in tents that are not intended to beopen after dusk or in temporary consumer fireworks retail salesstands which do not allow access by the general public to theinterior of the stand.6.7.2 Emergency Lighting. The means of egress, including the exitdischarge, shall be illuminated at all times the facility is occupiedin accordance with NFPA 101, Life Safety Code. Emergencylighting shall be provided throughout the consumer fireworks retailsales facility. The emergency lighting system shall comply withNFPA 101, Life Safety Code.Exception: The emergency lighting system shall not be requiredfor tents that are not intended to be open for business after dusk orfor temporary consumer fireworks retail sales stands which do notallow access by the general public to the interior of the stand.6.8 Portable Fire Extinguishers.6.8.1 Installation. Portable fire extinguishers shall be installed inaccordance with NFPA 10, Standard for Portable FireExtinguishers.6.8.2 Minimum Number. Every consumer fireworks retail salesfacility shall have not less than two portable fire extinguishers witha minimum 2A rating. At least one of the required fireextinguishers shall be of the pressurized water type.Exception: Temporary consumer fireworks retail sales stands lessthan 200 sq ft (18.6 m2 ) in area shall only be required to have oneportable fire extinguisher. Where more than one portable fire extinguisher is required, atleast one fire extinguisher shall be of the multi-purpose drychemical type.6.8.3 Location. Portable fire extinguishers shall be installed andlocated so that the maximum distance of travel required to reachan extinguisher from any point in the consumer fireworks retailsales facility shall not exceed 35 ft (8.9 m).Exception: Portable fire extinguishers for permanent consumerfireworks retail sales facilities shall be permitted to be located witha maximum distance of travel as specified in NFPA 10, Standard forPortable Fire Extinguishers.6.9 Retail Sales Displays.6.9.1 Height of Sales Displays. Partitions, counters, shelving,cases, and similar space dividers shall not be greater than 5 ft (1.5m) in height within the perimeter of the retail sales area.Merchandise on display or located on shelves or counters or otherfixtures shall not be displayed to a height greater than 5 ft (1.5 m)Exception No. 1: Where located along the perimeter of the salesarea such that visual access of the sales area is not obstructed.Exception No. 2: Where mirrors or other means are provided suchthat visual access to the entire sales area is maintained.Exception No. 3: Temporary consumer fireworks retail sales standswhere the general public does not have access to the interior of thestand.6.9.2 Fire Breaks. Where continuous displays of merchandise arelocated on shelving, cases, counters, and similar display fixtures, afire break shall be provided so that the maximum distance betweenfire breaks does not exceed 16 ft (4.9 m) as measured along thelength of the display. The fire break shall extend to the full heightand depth of the displayed merchandise plus an additional 6 in.(15 cm) or to the underside of the shelving directly above. Whereprepackaged fireworks merchandise is installed on the same levelof the same display fixture as individual unpackaged fireworksdevices, a fire break shall not be required provided the continuouslength of the prepackaged fireworks merchandise is not less than 8ft (2.4 m). Where a merchandise display level containsprepackaged fireworks merchandise, such merchandise shall beallowed to be installed in a continuous length on the same levelnot to exceed 32 ft (9.8 m) without a fire break. An aisle having aminimum width of 44 in. (1.1 m) shall be an acceptable fire break.Where the displays of merchandise face aisles along both sides ofthe display fixtures, a fire break shall be installed between thedisplay fixtures so as to separate the merchandise on one side ofthe aisle from the merchandise that backs up to it facing the aisleon the opposite side of the merchandise. All shelving or othersurfaces used to support fireworks display merchandise shall besolid and shall be constructed of materials required for theconstruction of fire breaks or tempered glass.Exception: Temporary consumer fireworks retail sales standswhere the general public does not have access to the interior of thestand.6.9.3 Covered Fuses. Only consumer fireworks meeting thecriteria for covered fuses as defined in Section 1-4 shall be allowedto be displayed for sale.Exception: Individual consumer fireworks items displayed for salein temporary consumer fireworks retail sales stands where thegeneral public does not have access to the interior of the stand.


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6.10 Equipment.6.10.1 Battery powered equipment, electrical equipment andelectrical cords which are used in conjunction with a consumerfireworks retail sales facility or location shall be listed and shall beused in accordance with their listing. Temporary wiring installedin a temporary structure including tents and canopies shall complywith Article 305 of NFPA 70, National Electrical Code. When temporary electrical conductors are placed on top of theground surface to connect the permanent power source to thetemporary consumer fireworks retail sales facility’s temporaryelectrical system, the conductors shall be provided with physicalprotection against damage caused by pedestrian or vehicular traffic.6.10.2 All heating units shall be listed and shall be used inaccordance with their listing. Heating sources shall have tip-overand temperature overheat protection. Open flame heating devicesshall be prohibited.6.10.3 Generators shall only use combustible fuel and shall belocated not less than 20 ft (6.1 m) from the consumer fireworksretail sales facility. Combustible generator fuel shall be limited tonot more than 5 gal (18.9 L) and shall be stored at least 20 ft (6.1m) from the facility.Exception: Generators shall be allowed to use flammable fuelprovided the quantity of such fuel is limited to 2 gal (7.6 L).6.10.4 Cooking equipment of any type shall not be allowed within20 ft (6.1 m) of tents, canopies, or membrane structures.6.11 Operations.6.11.1 A clear aisle or walkway not less than 28 in. (71 cm) wideshall be maintained inside the full length of temporary consumerfireworks retail sales stands. Customers shall not be permittedinside a temporary consumer fireworks retail sales stand unless itcomplies with the means of egress requirements in Section 6.6.6.11.2 Exits shall remain unlocked and unobstructed during thehours of operation and when the facility is otherwise occupied.6.11.3 Consumer fireworks retail sales facilities shall be securedwhen unoccupied and not open for business unless fireworks arenot kept in the facility during those times. the fireworks displayedor stored in the facility shall be allowed to be removed andtransferred t a temporary storage structure or location approved asa part of the permit.6.11.4 At least one adult person, 18 years of age or older, shall bepresent at all times in a consumer fireworks retail sales facilityduring the hours of sale to the public and shall be responsible forsupervision of the facility and its operation. No person under theage of 16 shall be allowed to work within a consumer fireworksretail sales facility except for temporary consumer fireworks retailsales stands where the minimum age shall be 14 unless otherwiseallowed by state or local laws, ordinances, or regulations.6.11.5 In temporary consumer retail sales stands, consumerfireworks, except for prepackaged assortments, boxes, or similarlypackaged containers of more than one item, whether of the sameor different kind, shall be displayed for sale in a manner whichprevents the fireworks from being directly handled by persons otherthan those operating or supervising the temporary consumerfireworks retail sales stand. Direct intervention by the seller or hisor her representative shall be required in order for any otherperson to handle the fireworks. Prior to the sale or purchase, theseller shall be able to maintain visual contact with any personhandling the fireworks outside of the stand.6.11.6 Consumer fireworks sellers shall not knowingly sellfireworks to persons under the age of 16 unless the person isaccompanied by a responsible person not less than 18 years of ageor as otherwise required by local or state laws, ordinances, orregulations.6.11.7 Where not otherwise required by local or state laws,ordinances, or regulations, a sign reading “NO SALE OFFIREWORKS TO PERSONS UNDER THE AGE OF 16 YEARS.PHOTO ID REQUIRED” in letters at least 2 in. (5.1 cm) high oncontrasting background shall be conspicuously posted on the frontof each consumer fireworks retail sales facility and at the locationwhere the sales are transacted.6.11.8 Consumer fireworks sellers shall require proof of age of anyfireworks purchaser by means of a driver’s license or photoidentification card, showing date of birth, as issued by a public orprivate school or municipal, county, state, federal or foreigngovernment.6.11.9 All personnel employed in handling consumer fireworkswithin a permanent facility shall be trained as required by the U.S.Department of Transportation and the Occupational Safety andHealth Administration as appropriate for the purpose of beingemployed in the operation of a consumer fireworks retail sales orstorage facility.6.11.10 Where the general public has access to the interior of aconsumer fireworks retail sales facility, persons less than 16 years of

age within the retail sales area shall at all times be accompanied by,and be under the direct supervision of, a responsible person notless than 18 years of age who is not an employee or worker for thefacility.6.11.11 Consumer fireworks sellers shall not knowingly sellfireworks to any person obviously under the influence of alcohol ordrugs.SUBSTANTIATION: The current code does not address retailsales or storage of consumer fireworks. The standard shouldprovide such guidance to the 40 states that permit consumerfireworks to be sold to the public.COMMITTEE ACTION: Accept in Principle.COMMITTEE STATEMENT: See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, KitchensCOMMENT ON AFFIRMATIVE: WEETH: The Committee work in this area has beenphenomenal, however it is far from complete. The inclusion of theretail sales of consumer fireworks in a manufacturing,transportation and storage document means extra care needs to betaken to ensure that a facility operator or AHJ does not confusestandards and recommendation. Pyrotechnic articles and consumer fireworks need to be carefullysegregated in order to avoid cross over misapplications of thedocument. Also it must be made clear that specific requirementsfor consumer fireworks retail sales apply no matter how big orsmall the facility or store is, while others apply based on the sizeand type of structure as well as the potential occupant load and theconsumer fireworks load during critical peak sales periods. WESTCOTT: See my Comment on Affirmative on Proposal 1124-8 (Log #5).

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(Log #1a)1124- 22 - (7-1): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a section 7.#.1 Packaging andcovering to the proposed new Chapter 7 for the retail sales ofconsumer fireworks that establishes covering and packagingstandards for the different types of consumer fireworks and thedifferent types of ignition points and sources that exist.SUBSTANTIATION: The issue of covered fuses and packaging iscomplex. There are consumer fireworks that have safety fuse, firecracker fuse and touchpaper as their ignition points. There areconsumer fireworks that have exposed composition as theirignition points. And there are consumer fireworks that operate bypull strings or from impact or friction. Both fuses and exposedcomposition should be covered, and the types of coverings need tohave standards established so they are effective.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The submitter provided no specificrecommendation with the submittal.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #16a)1124- 23 - (7-1): Accept in Principle in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a section to the proposed newchapter 7 for the retail sales of consumer fireworks. 7.#.1 Housekeeping. 7.#.1.1 Buildings or structures where consumer fireworks aredisplayed for sale or stored shall be kept clean, dry, and free of grit,paper, empty used packages, and rubbish. 7.#.1.2 Shelves, bins and floors where consumer fireworks aredisplayed for sale or stored shall regularly be inspected for loosepowder or dust. 7.#.1.2.1 Any loose powder or dust discovered shall be swept orwiped up by hand and removed immediately. Vacuum cleaners orother mechanical cleaning devices shall not be used. 7.#.1.2.2 Any consumer fireworks displayed for sale or storednearby shall be carefully reinspected for damage or leaks and


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removed according to Section 7.# Inspection for DamagedProduct. 7.#.1.3 Brooms, brushes and dustpans used to sweep up any loosepowder or dust shall be made of non-sparking materials. 7.#.1.4 The area around buildings or structures where consumerfireworks are displayed for sale or stored shall be kept clear ofbrush, dried vegetation, leaves, and similar combustibles for adistance of at least 25 ft (7.6 m). 7.#.1.5 The area buildings or structures where consumer fireworksare displayed for sale or stored shall be kept clear of paper, emptyused packages and other rubbish. All paper, empty used packagesand other rubbish shall be kept in closed receptacles until removedfor proper disposal.SUBSTANTIATION: Housekeeping in and around buildings orstructures where consumer fireworks are displayed for sale orstored is important for safety.COMMITTEE ACTION: Accept in Principle in Part.Add a section on Housekeeping to the proposed new chapter 7 forthe retail sales of consumer fireworks. 7.#.1* Housekeeping.A.7.#.1 Refer to Material Safety Data Sheet (MSDS) for additionalinformation. 7.#.1.1 Consumer fireworks retail sales areas and storage roomsshall be kept free of accumulations of debris and rubbish.7.#.1.2 Any loose pyrotechnic composition shall be removedimmediately.7.#.1.3 Vacuum cleaners or other mechanical cleaning devices shallnot be used.7.#.1.4 Brooms, brushes and dustpans used to sweep up any loosepowder or dust shall be made of non-sparking materials.COMMITTEE STATEMENT: The Committee accepted therecommendations for 7.#.1.1, 7.#.1.2, 7.#.1.2.1, and 7.#.1.3. Someeditorial changes were made but for those sections being includedthe intent of the submitter has been retained. Those recommended sections not accepted were rejected becausethey are covered elsewhere within the code, such as therequirement to inspect product and remove damaged product.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #18a)1124- 24 - (7-1): Accept in Principle in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a section to the proposed newchapter 7 for the retail sales of consumer fireworks. 7.#.1 Distances from Entrances and Exits. 7.#.1.1 No consumer fireworks shall be displayed for sale orstored within 8 feet (# m) of any public entrance in an enclosedbuilding or structure. 7.#.1.2 Consumer fireworks shall be permitted to be displayed forsale or stored within 8 feet (# m) of any public entrance in an openbuilding or structure. 7.#.1.3 No consumer fireworks shall be displayed for sale orstored within 4 feet (# m) of any public exit, or private entrance orexit in an enclosed building or structure. 7.#.1.4 Consumer fireworks shall be permitted to be displayed forsale or stored within 4 feet (# m) of any of any public exit, orprivate entrance or exit in an open building or structure. 7.#.1.5 No flammable liquids, flammable gasses, aerosol cans orother hazardous or readily combustible materials shall be displayedfor sale or stored within 4 feet (# m) of any public exit, or privateentrance or exit in an enclosed building or structure.SUBSTANTIATION: Emergency egress from a building orstructure will be greatly improved if consumer fireworks and otherproducts are kept away from entrances and exits. Also by movingconsumer fireworks at least 8 feet from public entrances, it willreduce the likelihood of mischief.COMMITTEE ACTION: Accept in Principle in Part.Add a section to the proposed new chapter 7 for the retail sales ofconsumer fireworks. 7.#.1 Distances from Entrances and Exits. 7.#.1.1 No consumer fireworks shall be displayed for sale orstored within 5 feet ( m) of any public entrance in an enclosedbuilding or structure. 7.#.1.3 No consumer fireworks shall be displayed for sale orstored within 2 feet ( m) of any public exit, or private entrance orexit in an enclosed building or structure. Reject proposed .2, .4, and .5.

COMMITTEE STATEMENT: The Committee accepted .1 and .3but modified the distances to reflect those that are believed to bemore realistic in their application. The Committee rejected .2, .4 as these proposed changes arecovered by .1 and .3 accepted in this proposal. The Committeerejected .5 as they believed it was more appropriate for theMercantile Committee of the Committee on Safety to Life.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #19a)1124- 25 - (7-1): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a section 7.#.1 Packaging andcovering to the proposed new chapter 7 for the retail sales ofconsumer fireworks that establishes covering and packagingstandards for the different types of consumer fireworks and thedifferent types of ignition points and sources that exist.SUBSTANTIATION: The issue of covered fuses and packaging iscomplex. There are consumer fireworks that have safety fuse, fire crackerfuse and touchpaper as their ignition points. There are consumerfireworks that have exposed composition as their ignition points.And there are consumer fireworks that operate by pull strings orfrom impact or friction. Both fuses and exposed compositionshould be covered, and the types of coverings need to havestandards established so they are effective.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The submitter provided no specificrecommendation with the submittal.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #17a)1124- 26 - (7-1, 7.2, 7.3, 7.4): Accept in Principle in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Add a section to the proposed newchapter 7 for the retail sales of consumer fireworks. 7.#.1 Inspection for Damaged Product. 7.#.1.1 Inspection prior to display for sale. 7.#.1.2 Prior to any consumer fireworks being put on display forsale, the consumer fireworks and the package shall be inspected forany damage. 7.#.1.3 The inspection shall check for any leaks or tears to theitem or the package, leaking powders, broken or missing fuses,uncovered fuses, water or crush damage, missing or damagedlabels, warnings or instructions, missing or broken bases orstabilizers, etc. 7.#.1.4 During the inspection the liner of the shipping carton andthe shipping carton shall be inspected for any loose powders ordust, missing pieces or fuses, etc. 7.#.1.5 No consumer fireworks that is damaged or has a damagedpackage shall be put on display for sale. 7.#.1.6 Any consumer fireworks or package that is damaged shallbe returned to a shipping carton that is kept closed, is clearlymarked "DAMAGED" and is kept in the storage area, room orbuilding. 7.#.2 Inspection when displayed for sale. 7.#.2.1 All consumer fireworks and their packages on display forsale shall regularly be inspected for damage. 7.#.2.2 Any consumer fireworks or their packages that aredamaged shall be removed from the display for sale and stored inaccordance with 7.#.1.6.7.#.3 Repairs and returns. 7.#.3.1 Consumer fireworks or their packages that are damagedshall be permitted to have minor repairs performed that returnthem to near their original condition. A.7.#.3.1 Minor repairs include taping broken outer coverings,taping or gluing loose paper covers or labels, taping to cover fuses,replacing or adding labels, warnings or instructions, taping orgluing bases, etc.Minor repairs do not include taping or gluing tostop leaks of pyrotechnic or explosive composition, replacingignition fuses, taping or gluing stabilizer fins or sticks, etc.


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7.#.3.2 Consumer fireworks shall be permitted to be repackagedfor display for sale, provided that the package meets therequirements of 7.#.1 Packaging and covering. 7.#.3.3 Consumer fireworks or their packages that are damagedshall be permitted to be returned to the dealer. 7.#.4 Sales of damaged consumer fireworks. 7.#.4.1 Consumer fireworks that are damaged in such a way thatthe damage renders them unusable or unsafe shall not be sold. 7.#.4.2 Consumer fireworks packages that are damaged in such away that the damage renders them unusable or unsafe shall not besold.SUBSTANTIATION: Inspection of product and removal any thatis damaged is important to a safely operated retail sales outlet.COMMITTEE ACTION: Accept in Principle in Part.Add the following new requirements on treatment of damagedproduct to the new section on Housekeeping [see CommitteeAction and Statement on Proposal 1124-23 (Log #16a).] 7.#.4.1 Consumer fireworks devices that are damaged shall beremoved and not offered for sale. 7.#.4.2 Damaged consumer fireworks shall be permitted to bereturned to the dealer or shall be disposed of properly.COMMITTEE STATEMENT: The Committee believes that muchof the proposed requirements are related to training. Theprovisions included are the basic requirements. They have beenincluded with the new section on Housekeeping, see CommitteeAction and Statement on Proposal 1124-23 (Log #16a).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #9)1124- 27 - (Entire Document): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Coordinate the manufacturing, storageand transportation requirements and recommendations betweenNFPA 1124 and NFPA 1125. Use the same definitions, structure,headings and order, tables, etc. in both documents.SUBSTANTIATION: Most of the requirements andrecommendations for manufacturing, storage and transportation oflow explosives are the same or are similar whether they are forfireworks or for rocket motors. The Committee should revise bothdocuments so they are as consistent with each other as possible.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The submitter provided no specificwording or recommendations. See Committee Proposal 1124-31(Log #CP3).NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #2a)1124- 28 - (Entire Document): Accept in PartSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Change the term "pyrotechnic devices" to"pyrotechnic articles" in 1-1.1, 1-1.3, 1-1.4, 1-1.5, and 1-2.1, as wellas any other locations in the document.SUBSTANTIATION: Consistency with the title and uses of thedefined term.COMMITTEE ACTION: Accept in Part.Change the term "pyrotechnic devices" to "pyrotechnic articles" in1-1.1, 1-1.4, 1-1.5, and 1-2.1. Not changed in 1-1.3 as recommended.COMMITTEE STATEMENT: Pyrotechnic devices was the correctterm as used in 1-1.3 so the Committee did not accept theproposed change in this section as recommended.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #13a)1124- 29 - (Entire Document): RejectSUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc.RECOMMENDATION: Reorganize the entire document asneeded for accuracy and clarity. Delineate between distribution and manufacturing facilities, retailand wholesale sales, as well as between the finished consumerfireworks, display fireworks and pyrotechnic articles, as well asunfinished fireworks and pyrotechnic articles.SUBSTANTIATION: The reorganization of the NFPA 1124 ROPnow has some requirements that do not apply to all the new typesof facilities and operations that are being added to the Code. TheCommittee will need to carefully look at the entire document toensure that each type of fireworks and each type of operation isseparated properly.COMMITTEE ACTION: Reject.COMMITTEE STATEMENT: The Committee believes the issue ofdistribution facility needs to be addressed but requires furtherstudy of the specific manner in which to best address it within thisdocument. The Committee has established a task group to addressthis issue and provide language during the comment period.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #CP1)1124- 30 - (Entire Document): AcceptSUBMITTER: Technical Committee on PyrotechnicsRECOMMENDATION: Restructure entire document to complywith the NFPA Manual of Style as follows: 1. Chapter 1 to contain administrative text only. 2. Chapter 2 to contain only referenced publications cited in themandatory portions of the document. 3. Chapter 3 to contain only definitions. 4. All mandatory sections of the document must be evaluated forusability, adoptability, and enforceability language. Generatenecessary committee proposals. 5. All units of measure in document are converted to SI units withinch/pound units in parentheses. 6. Appendices restructured and renamed as "Annexes."SUBSTANTIATION: Editorial restructuring, to conform with the2000 edition of the NFPA Manual of Style.COMMITTEE ACTION: Accept.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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(Log #CP3)1124- 31 - (Entire Document): AcceptSUBMITTER: Technical Committee on PyrotechnicsRECOMMENDATION: The Technical Committee onPyrotechnics proposes a complete revision to NFPA 1124, Code forthe Manufacture, Transportation, and Storage of Fireworks andPyrotechnic Articles, 1998 edition, as shown at the end of thisreport.SUBSTANTIATION: The Committee Proposal incorporateschanges consistent with implementing the provisions of the newManual of Style, reorganization of Chapters 2, 3, and 4, and thechange in document title to include retail sales and storage ofconsumer fireworks. The Committee has developed a new chapteraddressing requirements for consumer fireworks retail salesfacilities.COMMITTEE ACTION: Accept.NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens

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NFPA 1124

Code for the Manufacture, Transportation, Storage, and Retail Sales of

Fireworks and Pyrotechnic Articles

2002 Edition

NOTICE: An asterisk (*) following the number or letter designating a paragraph indicates that explanatory material on the paragraph can be found in Annex A. A reference in brackets [ ] following a section or paragraph indicates material that has been extracted from another NFPA document. The complete title and edition of the document the material is extracted from is found in Annex E. Editorial changes to extracted material consist of revising references to an appropriate division in this document or the inclusion of the document number with the division number when the reference is to the original document. Requests for interpretations or revisions of extracted text shall be sent to the appropriate technical committee. Information on referenced publications can be found in Chapter 2 and Annex E.

Chapter 1 Administration 1.1 Scope. 1.2 Purpose. The purpose of this code shall be to improve safety in the manufacture, transportation, and storage of fireworks; in pyrotechnic devices used in the entertainment industry; in any component(s) thereof containing pyrotechnic or explosive compositions; and in the retail sales of consumer fireworks. 1.3 Application. This code shall apply to the manufacture, transportation, and storage of fireworks, pyrotechnic devices used in the entertainment industry, and any component(s) thereof containing pyrotechnic or explosive compositions and to the retail sales of consumer fireworks. 1.3.1 This code shall apply to the following:

(1) Testing of fireworks at a manufacturing facility (2) Testing of pyrotechnic devices used in the entertainment

industry (3) Testing of any component(s) of fireworks or pyrotechnic

devices used in the entertainment industry that contain pyrotechnic or explosive compositions. 1.3.2 This code shall not apply to the use of consumer fireworks by the general public. 1.3.3 This code shall not apply to the display site storage and use of fireworks and pyrotechnic articles conducted in accordance with NFPA 1123, Code for Fireworks Display. 1.3.4 This code shall not apply to the transportation of fireworks, pyrotechnic devices used in the entertainment industry, or any component(s) thereof containing pyrotechnic or explosive compositions, where such transportation is under the jurisdiction of the U.S. Department of Transportation (U.S. DOT) or any other national transportation authority.

1.3.5 This code shall not apply to the manufacture, transportation, or storage of model rockets or high power rockets, model rocket motors or high power rocket motors, model rocket motor reloading kits or modules, or high power motor reloading kits or modules, as covered by one of the following:

(1) NFPA 1122, Code for Model Rocketry (2) NFPA 1125, Code for the Manufacture of Model Rocket and High

Power Rocket Motors (3) NFPA 1127, Code for High Power Rocketry.

1.3.6 This code shall not apply to the manufacture, transportation, and storage of fireworks by federal and state military agencies. 1.3.7 This code shall not apply to the storage of pyrotechnic devices at the site of use and the use of pyrotechnic special effects in the entertainment industry where conducted in accordance with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. 1.3.8 This code shall not apply to laboratories covered by NFPA 45, Standard on Fire Protection for Laboratories Using Chemicals. 1.3.9 This code shall not apply to the manufacture, transportation, or storage of flammable gases or liquids. 1.3.10 This code shall not apply to fireworks or pyrotechnic articles used in conjunction with flammable gas or flammable liquid special effects conducted in accordance with NFPA 1123, Code for Fireworks Display, and NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. 1.4 Equivalency. Nothing in this code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety over those prescribed by this code. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency. The system, method, or device shall be approved for the intended purpose by the authority having jurisdiction.

Chapter 2 Referenced Publications 2.1 General. The documents or portions thereof listed in this chapter are referenced within this code and shall be considered part of the requirements of this document. 2.1.1 NFPA Publications. National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.

NFPA 10, Standard for Portable Fire Extinguishers, 1998 edition. NFPA 13, Standard for the Installation of Sprinkler Systems, 1999

edition. NFPA 45, Standard on Fire Protection for Laboratories Using Chemicals,

2000 edition. NFPA 70, National Electrical Code®, 1999 edition. NFPA 72, National Fire Alarm Code®, 1999 edition. NFPA 80, Standard for Fire Doors and Fire Windows, 1999 edition. NFPA 101® , Life Safety Code®, 2000 edition. NFPA 102, Standard for Grandstands, Folding and Telescopic Seating,

Tents, and Membrane Structures, 1995 edition. NFPA 256, Standard Methods of Fire Tests of Roof Coverings, 1998

edition. NFPA 430, Code for the Storage of Liquid and Solid Oxidizers, 2000

edition. NFPA 1122, Code for Model Rocketry, 1997 edition. NFPA 1123, Code for Fireworks Display, 2000 edition. NFPA 1125, Code for the Manufacture of Model Rocket and High Power

Rocket Motors, 2001 edition. NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate

Audience, 2001 edition. NFPA 1127, Code for High Power Rocketry, 1998 edition.


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2.1.2 Other Publications. 2.1.2.2 U.S. Government Publications. U.S. Government Printing Office, Washington, DC 20402.

Child Safety Act of 1966 Title XI, “Regulation of Explosives, of the Crime Control Act of

1970,” 1970. Title 16, Code of Federal Regulations, Part 1500 and Part 1507, U.S.

Consumer Product Safety Commission. Title 18, United States Code, Chapter 40, “Importation, Manufacture,

Distribution, and Storage of Explosive Materials,” 1970. Title 27, Code of Federal Regulations, Part 55, Bureau of Alcohol,

Tobacco and Firearms. Title 29, Code of Federal Regulations , Part 1910.1200, “Hazard

Communication,” U.S. Department of Labor. Title 49, Code of Federal Regulations, Part 100 to end, U.S.

Department of Transportation.

Chapter 3 Definitions 3.1 General. The definitions contained in this chapter shall apply to the terms used in this code. Where terms are not included, common usage of the terms shall apply. 3.2 NFPA Official Definitions. 3.2.1* Approved. Acceptable to the authority having jurisdiction. 3.2.2* Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. 3.2.3* Code. A standard that is an extensive compilation of provisions covering broad subject matter or that is suitable for adoption into law independently of other codes and standards. 3.2.4 Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. 3.2.5* Listed. Equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or service meets appropriate designated standards or has been tested and found suitable for a specified purpose. 3.2.6 Shall. Indicates a mandatory requirement. 3.2.7 Should. Indicates a recommendation or that which is advised but not required. 3.3 General Definitions. 3.3.1* Aerial Shell. Usually a cylindrical or spherical cartridge containing pyrotechnic material, a long fuse or electric match wires, and a black powder lift charge. [1126:_____] 3.3.2 Airburst. A pyrotechnic device that is suspended in the air to simulate outdoor aerial fireworks shells without producing hazardous debris. [1126:_____]

3.3.3 Area. 3.3.3.1 Consumer Fireworks Retail Sales Area. 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 general public. 3.3.3.2 Process Area. An outside area complying with the applicable provisions of this code for a process building that is used for the manufacture of fireworks and pyrotechnic articles. 3.3.4 Artificial Barricade. See Barricade. 3.3.5 Barricade. A natural or artificial barrier that effectively screens a magazine, building, railway, or highway from the effects of an explosion in a magazine or building containing explosives. 3.3.5.1 Artificial Barricade. An artificial mound or revetted wall of earth of a minimum thickness of 0.9 m (3 ft). 3.3.5.2 Natural Barricade. A natural outdoor feature(s), such as hills or trees, with a density sufficient to prevent surrounding exposures that require protection from being seen from a magazine or building containing explosives when the trees are bare of leaves. 3.3.5.3* Screen Barricade. Any barrier that contains the embers and debris from a fire or deflagration in a process building, thus preventing propagation of fire to other buildings or areas. [1125:____] 3.3.6 Binary Material. See Material. 3.3.7* Binary System. A two-component pyrotechnic system. 3.3.8 Black Powder. See Powder. 3.3.9 Building. 3.3.9.1* Bulk Merchandising Retail Building. A building where the sales area includes the storage of combustible materials on pallets, in solid piles, or in racks in excess of 12 ft (3.7 m) in storage height. [101: 3.3] 3.3.9.2 Inhabited Building. A building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are accustomed to assembling. This does not include any building or structure occupied in connection with a fireworks plant. 3.3.9.3* Mechanical Building. A building that contains mechanical, electrical, air-conditioning, or other equipment and that usually is connected to a process or nonprocess building. 3.3.9.4* Mixing Building. Any building used primarily for mixing and blending of pyrotechnic compositions. 3.3.9.5* Nonprocess Building. An office building, a warehouse, or other building or area located in a manufacturing facility in which no fireworks, pyrotechnic or explosive composition, pyrotechnic articles, or components containing pyrotechnic or explosive materials are processed or stored. 3.3.9.6* Process Building. Any building or any room at a manufacturing facility where fireworks, pyrotechnic articles, or component(s) containing explosive or pyrotechnic compositions are manufactured or assembled. 3.3.9.7 Shipping Building. A building used for packing assorted display fireworks into shipping cartons or for loading such cartons onto vehicles for shipment to purchasers.


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3.3.9.8 Storage Building. A building, structure, or facility in which consumer fireworks in any state of processing are stored, but in which no processing or manufacturing is performed. 3.3.9.9* Unoccupied Building. A building that is normally unoccupied during its entire period of daily operations. 3.3.10 Bulk Merchandising Retail Building. See Building. 3.3.11 Bulk Salute. See Salute. 3.3.12 Bulk Salute Powder. See Powder. 3.3.13 Bullet-Sensitive Explosive Material. See Material. 3.3.14 Common Fireworks. See Fireworks. 3.3.15 Composition. 3.3.15.1 Explosive Composition. A chemical compound or mixture, the primary or common purpose of which is to produce by explosion. 3.3.15.2 Pyrotechnic Composition. A chemical mixture that, upon burning, produces visible, brilliant displays, bright lights, or sounds. 3.3.16 Consumer Fireworks. See Fireworks. 3.3.17 Consumer Fireworks Retail Sales Area. See Area. 3.3.18 Consumer Fireworks Retail Sales Facility. See Facility. 3.3.19* Consumer Fireworks Retail Sales Stand. A temporary or permanent building or structure, other than a tent, canopy, or membrane structure, that is used primarily for the retail display and sale of consumer fireworks to the general public and that has a floor area not greater than 74 m2 (800 ft2). 3.3.20* Covered Fuse. A fuse that is protected against accidental ignition by contact with a spark, smoldering item, or small open flame. 3.3.21 Display Fireworks. See Fireworks. 3.3.22 Electric Match. An electric device that contains a small amount of pyrotechnic material that ignites when current flows through the leads and that is used to initiate the burning of pyrotechnics. 3.3.23* Explosive. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. This term includes but is not limited to dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The term explosive includes any materials determined to be within the scope of Title 18, United States Code, Chapter 40, “Importation, Manufacture, Distribution, and Storage of Explosive Materials,” and also includes any materials classified as an explosive by the Hazardous Materials Regulations of the U.S. Department of Transportation (U.S. DOT). 3.3.24 Explosive Composition. See Composition. 3.3.25 Facility. 3.3.25.1 Consumer Fireworks Retail Sales Facility. A permanent or temporary building or structure, consumer fireworks retail sales stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the general public. 3.3.25.2* Manufacturing Facility. A facility in which a licensed business conducts mixing, handling, or loading of explosive or pyrotechnic composition for fireworks, pyrotechnic articles, or

components for such devices; a facility in which fireworks or pyrotechnic articles are assembled from component parts. 3.3.26* Fireworks. Any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and that meets the definition of Consumer Fireworks or Display Fireworks as set forth in this code. 3.3.26.1 Common Fireworks. See Consumer Fireworks. 3.3.26.2* Consumer Fireworks. Any small fireworks device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, CFR, Parts 1500 and 1507. [1123:_____] 3.3.26.3* Display Fireworks (Formerly known as Special Fireworks). Large fireworks articles designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or detonation. 3.3.26.4 Special Fireworks. A composition or device used for producing a visible or an audible effect by combustion, deflagration, or detonation that meets the definition of Consumer Fireworks or Display Fireworks; see Display Fireworks. 3.3.27 Flame Break. A solid material without holes or other openings, used to retard the spread of flame. 3.3.28 Flash Powder. See Powder. 3.3.29* Fuel. In pyrotechnics, anything combustible or acting as a chemical-reducing agent such as but not limited to sulfur, aluminum powder, iron powder, charcoal, magnesium, gums, and organic plastic binders. 3.3.30 Highway. Any public street, public alley, or public road. 3.3.31 Inhabited Building. See Building. 3.3.32 Limited-Combustible Material. See Material. 3.3.33 Magazine. A building or structure, other than an explosives manufacturing building, approved for the storage of explosive materials. 3.3.34* Manufacture. The mixing, pressing, and loading of pyrotechnic compositions for the purpose of producing fireworks or pyrotechnic articles, including the assembly of fireworks and pyrotechnic articles from component parts. 3.3.35 Manufacturing Facility. See Facility. 3.3.36 Material. 3.3.36.1 Binary Material. See Binary System. [1126:_____] 3.3.36.2* Bullet-Sensitive Explosive Material. Explosive material that can be detonated by 9.8-g (150-grain) M2 ball ammunition having a nominal muzzle velocity of 824 m/sec (2700 ft/sec) where fired from a 0.30 caliber rifle at a distance of 30 m (100 ft), measured perpendicular. 3.3.36.3 Limited-Combustible Material. A building construction material not complying with the definition of noncombustible material that, in the form in which it is used, has a potential heat value not exceeding 3500 Btu/lb (8141 kJ/kg), where tested in accordance with NFPA 259, Standard Test Method for Potential Heat of Building Materials, and complies with (a) or (b): (a) Materials having a structural base of noncombustible material, with a surfacing not


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exceeding a thickness of 1/8 in. (3.2 mm) that has a flame spread index not greater than 50; and (b) Materials, in the form and thickness used, other than as described in (a), having neither a flame spread index greater than 25 nor evidence of continued progressive combustion and of such composition that surfaces that would be exposed by cutting through the material on any plane would have neither a flame spread index greater than 25 nor evidence of continued progressive combustion. (Materials subject to increase in combustibility or flame spread index beyond the limits herein established through the effects of age, moisture, or other atmospheric condition shall be considered combustible.) [220: 2.1] 3.3.36.4 Noncombustible Material. A material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Materials that are reported as passing ASTM E 136, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750°C, shall be considered noncombustible materials. [220: 2.1] 3.3.36.5* Pyrotechnic Material (Pyrotechnic Special Effects Material). A chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation. [1126:_____] 3.3.37 Mechanical Building. See Building. 3.3.38 Mixing Building. See Building. 3.3.39 Motor Vehicle. Any self-propelled vehicle, truck, tractor, semitrailer, or truck-trailer combination used for the transportation of freight over public highways. [495:_____] 3.3.40 Natural Barricade. See Barricade. 3.3.41 Noncombustible Material. See Material. 3.3.42 Nonprocess Building. See Building. 3.3.43* Novelties and Trick Noisemakers. Small devices containing limited amounts of pyrotechnic explosive or composition that produce a visible or an audible effect. 3.3.44* Oxidizer. Usually an oxygen-rich, ionically bonded chemical that decomposes at moderate to high temperatures. 3.3.45 Permanent Structure. 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. 3.3.46 Person. An individual, a firm, a copartnership, a corporation, a company, an association, or a joint-stock association, including any trustee, receiver, assignee, or personal representative thereof. 3.3.47 Pest Control Device. An explosive device used to control animal pests. 3.3.48 Powder. 3.3.48.1 Black Powder. A low explosive consisting of an intimate mixture of potassium or sodium nitrate, charcoal, and sulfur. [1126:_____] 3.3.48.2 Flash Powder. See Salute Powder. 3.3.48.3 Salute Powder. An explosive composition that makes a loud report when ignited and constitutes the sole pyrotechnic mixture in a salute.

3.3.48.3.1 Bulk Salute Powder. A quantity of salute powder in an amount exceeding 0.45 kg (1 lb). 3.3.49* Prepackaged Fireworks Merchandise. 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. 3.3.50 Process Area. See Area. 3.3.51 Process Building. See Building. 3.3.52 Public Conveyance. Any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle that carries passengers for hire. [495:_____] 3.3.53 Pyrotechnic Article. A pyrotechnic device, other than a device classed as fireworks, for use in the entertainment industry. 3.3.54 Pyrotechnic Composition. See Composition. 3.3.55* Pyrotechnic Laboratory. A building or room used for research, development, or testing of chemicals, fireworks, pyrotechnic articles, or components containing explosive or pyrotechnic compositions. 3.3.56 Pyrotechnic Material. See Material. 3.3.57 Pyrotechnic Special Effect. A special effect created through the use of pyrotechnic materials and devices. (See also Special Effect in Annex D.) [1126:_____] 3.3.58 Pyrotechnics. Controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume. [1126:_____] 3.3.59 Railway. Any steam, electric, diesel-electric, or other railroad or railway that carries passengers for hire on the particular line or branch in the vicinity of a pyrotechnics manufacturing or storage facility. 3.3.60 Retail Sales. The retail display and sale of merchandise to the general public within a mercantile occupancy. 3.3.61 Rocket. A pyrotechnic device that moves by the ejection of matter produced by the internal combustion of propellants. 3.3.62 Salute. A display firework that is designed to produce a loud report. 3.3.62.1 Bulk Salute. A collection of salutes or salute components containing more than 2 lb (0.9 kg) of salute powder, unless the salutes are mixed with other types of aerial shells so that the total quantity of salutes to other types of shells is less than 50 percent. 3.3.63 Salute Powder. See Powder. 3.3.64 Screen Barricade. See Barricade. 3.3.65 Shipping Building. See Building. 3.3.66 Special Fireworks. See Fireworks. 3.3.67* Stars. Small masses of pyrotechnic compounds that are projected from aerial shells, mines, or roman candles. 3.3.68 Storage Building. See Building.


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3.3.69* Store. 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. 3.3.70 Temporary. As applied to buildings or structures: a building or structure not meeting the definition for permanent structure (101: 3.3.197.8). As applied to electrical power and wiring: electrical service in use or in place for a period of 90 consecutive calendar days or less. [70: 305] 3.3.71 Unoccupied Building. See Building.

Chapter 4 Manufacturing Operations 4.1 Applicability. 4.1.1 All manufacturing facilities shall comply with the requirements of this chapter. 4.1.2 Manufacturing facilities shall not be required to comply with Sections 4.4, 4.7, 4.9, and 4.10, provided that they meet all of the following conditions:

(1) Manufacturing is restricted to production of custom fireworks, pyrotechnic articles, and any component(s) containing pyrotechnic or explosive materials that are not for general sale

(2) The facility contains not more than 2.3 kg (5 lb) of pyrotechnic composition, of which not more than 0.23 kg (0.5 lb) is of explosive composition

(3) All explosive and pyrotechnic compositions are removed to a storage magazine at the end of each workday 4.2 Permit Requirements. The manufacture of any fireworks shall be prohibited unless authorized by federal license, where required, and conducted in accordance with this code. 4.2.1 Persons engaged in the business of importing, manufacturing, or dealing in fireworks shall meet both of the following requirements:

(1) They shall possess a valid federal license or permit, where required by Title XI, “Regulation of Explosives, of the Crime Control Act of 1970” (18, USC, Chapter 40, “Importation, Manufacture, Distribution, and Storage of Explosive Materials”)

(2) They shall comply with all applicable state and local laws and regulations. 4.2.1.1 Copies of all required licenses and permits shall be posted at each fireworks plant. 4.2.1.1.1 License and permit holders shall protect licenses and permits from loss, theft, defacement, destruction, or unauthorized duplication. 4.2.1.1.2 Any loss, theft, defacement, destruction, or unauthorized duplication of a license or permit shall be reported immediately to the issuing authority. 4.2.1.2 Licenses or permits shall not be assigned or transferred. 4.2.2 The issuing authority shall be notified immediately of any change of business name, controlling ownership, or address. 4.3 Recordkeeping and Reporting. 4.3.1 Record Maintenance. 4.3.1.1 Manufacturers shall maintain records in compliance with federal regulations.

4.3.1.2 Manufacturers shall maintain records for all chemicals and chemical mixtures in compliance with the requirements of 29 CFR, 1910.1200, “Hazard Communication.” 4.3.2 Record Availability. Records shall be made available to the authority having jurisdiction. 4.3.2.1 Where consumer fireworks are handled exclusively, records shall be maintained for 3 years. 4.3.2.2 Records other than consumer fireworks shall be maintained for 5 years. 4.3.3 Loss, Theft, or Unlawful Removal of Explosive Materials. 4.3.3.1 The loss, theft, or unlawful removal of explosive materials shall be reported immediately to the nearest office of the Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, and to local law enforcement authorities. 4.3.3.2 The loss, theft or removal of consumer fireworks shall not be required to be reported. 4.4 Site Security. 4.4.1 General. All plant buildings containing pyrotechnic composition, explosive composition, or fireworks shall be locked at the end of the workday and whenever plant personnel are not present to provide security. 4.4.2 Plant Access. 4.4.2.1 All roads leading into the plant shall be provided with gates that shall be kept closed and locked at all times when not used for entry or exit. 4.4.2.2 Vehicle access to the plant shall be restricted to roadways by means of a fence, natural barriers such as trees, and culverts, or by other means. 4.4.2.3 If the main plant entrance is in full view of and under the observation of an authorized responsible employee or guard, the main plant entrance shall be permitted to be left open during regular plant operating hours. 4.4.2.4 Only authorized employees or representatives of federal, state, or local agencies having jurisdiction over the plant shall be permitted inside the plant without special permission of the person in charge. 4.4.3 Signage. Conspicuous signs that read as follows shall be posted at the entrance and along the fence or barrier: WARNING — NO SMOKING — NO TRESPASSING 4.5 Construction. 4.5.1 Process Building. 4.5.1.1 Process buildings shall be single-story buildings and shall not have basements. 4.5.1.2 Wall joints and openings for wiring, plumbing, and other utilities shall be sealed to prevent the entry of dusts. 4.5.1.3 Horizontal ledges and surfaces upon which dust can settle and accumulate shall be minimized.


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4.5.2* Floors and Work Surfaces. 4.5.2.1 Floors and work surfaces shall not have cracks or crevices in which explosives or pyrotechnic compositions can lodge. 4.5.2.2 Floors and work surfaces in mixing and loading buildings for salute powder shall be of conductive materials. 4.5.2.3 Conductive footwear or other grounding techniques for personnel shall be used wherever exposed salute powder is present. 4.5.3 Heating, Lighting, and Electrical Equipment. 4.5.3.1 Stoves, exposed flames, and portable electric heaters shall be prohibited in any building where fireworks, fireworks components, or flammable liquids are or can be present. 4.5.3.2 Heating shall be provided by steam, hot water, indirect hot air radiators, or any other means acceptable to the authority having jurisdiction. 4.5.3.3 Unit heaters located in buildings that contain exposed explosive or pyrotechnic composition shall be equipped with motors and electrical devices for use in hazardous locations in accordance with Article 502 of NFPA 70, National Electrical Code® . 4.5.3.4 All wiring, switches, and electrical fixtures in process buildings shall meet the requirements for hazardous locations in accordance with Article 502 of NFPA 70, National Electrical Code. 4.5.3.4.1 Portable lighting equipment shall not be used, unless both of the following criteria are met:

(1) Listed portable lighting equipment shall be permitted to be used during repair operations.

(2) The repair operations area shall be cleared of all pyrotechnic or explosive material and all dust or residue shall be removed before portable lighting equipment is used. 4.5.3.4.2 All presses and other such mechanical devices used in the vicinity of exposed explosive or pyrotechnic composition shall be electrically bonded and grounded. 4.5.3.5 All artificial lighting shall be electrically powered. 4.5.4 Static Discharge. 4.5.4.1 A means for discharging static shall be provided at the entrance to all mixing, pressing, and loading buildings where exposed salute powder is present. 4.5.4.2 All personnel entering the buildings described in 4.5.4.1 shall utilize the means required by 4.5.4.1. 4.5.5 Explosion Relief. 4.5.5.1* Provision of explosion relief, by means of pressure-relieving construction or explosion vents, shall be considered for each process building in which an explosion hazard exists. 4.5.5.2 Where climatic conditions (or local building code requirements) prevent the use of pressure-relieving construction or explosion vents, alternate methods of protecting nearby buildings such as, but not limited to, screen-type barricades and differences in elevation of trees shall be provided for buildings in which an explosion hazard exists. 4.5.6 Means of Egress.

4.5.6.1 Means of egress in all buildings shall comply with applicable requirements of NFPA 101®, Life Safety Code®. 4.5.6.2 Means of egress in process buildings also shall comply with the following requirements:

(1) At least two remotely located means of egress shall be provided from every point in every undivided floor area of more than 9 m2 (100 ft2).

(2) Where process buildings are divided into rooms, means of egress shall be as follows:

a. At least two means of escape shall be provided from each room of more than 9 m2 (100 ft2).

b. Toilet rooms shall be permitted to have only one means of egress, provided that they are located away from or shielded from process areas.

(3) An unobstructed means of egress shall be located so that every point within the room or undivided floor area is within 7.6 m (25 ft) of a means of egress.

(4) Exit doors shall open outward and shall be capable of being pressure actuated from the inside. 4.6 Magazine Construction — General. 4.6.1 General. 4.6.1.1 Magazines shall be constructed to comply with Section 4.6 or in a manner equivalent to the requirements of Section 4.6. 4.6.1.2 The ground around magazines shall be graded so that water drains away from the magazine. 4.6.1.3 Exposed ferrous metal shall not be permitted on the interior of the magazine where it might contact material stored within. 4.6.2 Heating. 4.6.2.1 The area between the heating unit and the magazine shall be cleared of all combustible materials. 4.6.2.2 Magazines requiring heat shall be heated by either hot-water radiant heating within the magazine building or by indirect warm-air heating. 4.6.2.3 Indirect warm air shall be heated by either hot-water coils or low-pressure [103 kPa (15 psig) or less] steam coils located outside the magazine building. 4.6.2.4 Magazine heating systems shall meet the following requirements:

(1) Radiant heating coils within the building shall be installed so that explosive materials or their containers cannot contact the coils and so that air is free to circulate between the coils and the explosives.

(2) The surface temperature of radiant heating coils shall not exceed 74°C (165°F).

(3) Heating ducts shall be installed so that the hot air discharge from the ducts is not directed against explosive materials or their containers.

(4) The heating system shall be controlled so that the ambient temperature of the magazine does not exceed 54°C (130°F).

(5) Any electric fan or pump used in the heating system shall be located outside the magazine, separate from the magazine walls, and shall be grounded.

(6) Any electric motor and any controls for electric heating devices used to heat water or produce steam shall have overload devices and disconnects that comply with NFPA 70, National Electrical Code .

(7) All electrical switchgear shall be located at least 7.6 m (25 ft) from the magazine.


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(8) Any fuel-fired heating source for the hot water or steam shall be separated from the magazine by a distance of not less than 7.6 m (25 ft).

(9) Explosive materials stored in magazines shall be arranged so that uniform circulation of air is ensured.

4.6.3 Lighting. 4.6.3.1 Where lighting is necessary within the magazine, the following sources of lighting shall be permitted:

(1) Electric safety flashlights (2) Electric safety lanterns (3) Chemiluminescent lighting (4) Electric light source outside the magazine that is aimed at the

entrance 4.6.3.2 Where electric lighting is used within a magazine, the installation shall meet the following requirements for hazardous locations in accordance with NFPA 70, National Electrical Code:

(1) Junction boxes containing fuses or circuit breakers and electrical disconnects shall be located at least 7.6 m (25 ft) from the magazine.

(2) Junction boxes located within the magazine shall not have openings and shall be equipped with close-fitting covers.

(3) Disconnects, fuses, and circuit breakers shall be protected by a voltage surge arrester capable of handling 2500 amperes for 0.1 seconds.

(4) All wiring from switches, both inside and outside the magazine, shall be installed in rigid conduit.

(5) Wiring from switches located inside and outside the magazine that leads into the magazine shall be installed underground.

(6) Conduit and light fixtures inside the magazine shall be protected from physical damage by guards or by location.

(7) Light fixtures shall be enclosed to prevent sparks or hot metal from falling on the floor or onto material stored in the magazine.

(8) Lights inside magazines shall not be left on when the magazines are unattended. 4.6.4 Ventilation. 4.6.4.1 Where required in the magazine, ventilation shall be provided to protect the stored materials for the specific area in which the plant is located. 4.6.4.2 Stored materials shall be placed so that they do not interfere with ventilation and to prevent contact with masonry walls, steel, or other ferrous metal by means of a nonsparking lattice or equivalent lining. 4.7 Magazine Construction — Requirements for Specific Types. 4.7.1 Type 1 Magazine. A Type 1 magazine shall be a permanent structure, such as a building or igloo, that is bullet resistant, fire resistant, theft resistant, weather resistant, and ventilated and shall comply with the following:

(1) Walls and doors shall be bullet resistant and shall be constructed in accordance with any of the specifications in Annex B.

(2) The roof shall be constructed of any type of structurally sound material that is or has been made fire resistant on the exterior.

(3)* Where the natural terrain around a Type 1 magazine makes it possible for a bullet to be shot through the roof and ceiling at such an angle that the bullet can strike the explosive materials within, either the roof or the ceiling shall be of bullet-resistant construction.

(4) The foundation shall be enclosed completely, and the following requirements also shall apply:

a. A wood foundation enclosure shall be covered on the exterior with not less than 26-gauge metal.

b. Openings provided for cross ventilation on the exterior of a wood foundation enclosure shall not be required to be covered with 26-gauge metal.

(5) The floor shall be constructed of wood or other equivalent material.

(6) Floors constructed of materials that can cause sparks shall meet one of the following requirements:

a. They shall be covered with a nonsparking surface. b. The packages of explosive material shall be packed on

pallets of nonsparking material. (7) Type 1 magazines shall be ventilated to prevent dampness or

heating of explosives, and the following requirements also shall apply: a. Ventilation openings shall be screened to prevent entrance

of sparks. b. Ventilators in sidewalls shall be offset or shielded. c. Magazines with foundation and roof ventilators, with air

circulating between the sidewalls and floor and between the sidewalls and ceiling, shall have a wood-lattice lining or equivalent means to prevent packages from being stacked against the sidewalls and blocking air circulation.

d. Magazines specified in 4.7.1(7)c shall be provided with 50.8-mm (2-in.) air space between the sidewalls and the floor.

(8) Each door of the magazine shall be equipped with one of the following locking systems:

a. Two mortise locks b. Two padlocks in separate hasps and staples c. A mortise lock and a padlock d. A mortise lock that needs two keys to be opened e. A three-point lock or an equivalent lock that secures the

door to the frame at more than one point (9) Padlocks shall comply with all of the following requirements:

a. They shall be made of steel. b. They shall have at least five tumblers. c. They shall have at least a 9.5-mm (3/8 -in.), case-hardened

shackle. d. They shall be protected by steel hoods installed to

discourage the insertion of bolt cutters. (10) Doors secured by an internal bolt shall not require additional

locking devices. (11) Hinges and hasps shall be fastened securely to the magazine. (12) All locking hardware shall be secured to the door frame.

4.7.2 Type 2 Magazine. 4.7.2.1 General. A Type 2 magazine shall be a portable or mobile structure, such as a box, skid-magazine, trailer, or semitrailer that is fire resistant, theft resistant, weather resistant, and ventilated. 4.7.2.2 Bullet Resistance. Type 2 magazines shall be bullet resistant if used for outdoor storage. 4.7.2.3 Type 2 Outdoor Magazine. A Type 2 outdoor magazine shall comply with the following requirements:

(1) The walls and roof or ceiling shall be constructed according to the provisions of 4.7.1(1), (2), and (3).

(2) The doors shall be constructed as follows: a. They shall be made of metal, constructed in accordance

with the provisions of 4.7.1(1). b. They shall have a metal exterior with an inner door

meeting the provisions of 4.7.1(1). (3) Floors constructed of ferrous metal shall be covered with a

nonsparking surface. (4) A top-opening magazine shall have a lid that overlaps the sides

by at least 25.4 mm (1 in.) when in the closed position. (5) The magazine shall be supported so that its floor does not

contact the ground directly. (6) Magazines less than 0.77 m3 (3 ft3) in size shall be fastened

securely to a fixed object to prevent theft of the entire magazine.


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(7) Hinges, hasps, locks, and locking hardware shall comply with 4.7.1(8), excluding padlocks on vehicular magazines, which are not required to be protected by steel hoods.

(8) Wherever a vehicular magazine is left unattended, one of the following actions shall be taken:

a. The wheels shall be removed. b. The kingpins shall be locked. c. The vehicular magazine shall be otherwise immobilized.

4.7.2.4 Type 2 Indoor Magazines. A Type 2 indoor magazine shall comply with the following provisions:

(1) The magazine shall have substantial wheels or casters to facilitate removal from the building in case of emergency.

(2) The cover of the magazine shall have substantial strap hinges, and a means for locking shall be provided as follows:

a. The magazine shall be kept locked with a five-tumbler padlock or its equivalent.

b. The magazine shall be permitted to be unlocked during the placement or removal of explosive materials.

(3) The magazine shall be painted red, and the top shall bear the following words in white letters at least 76.2 mm (3 in.) high:

EXPLOSIVES — KEEP FIRE AWAY

(4) Magazines constructed of wood shall meet the following

requirements: a. They shall have sides, bottoms, and covers or doors of 50.8-

mm (2-in.) hardwood that are braced at the corners. b. They shall be covered with sheet metal of not less than 26

gauge. c. Nails exposed to the interior of the magazines shall be

countersunk. (5) Magazines constructed of metal shall meet the following

requirements: a. They shall be of 12-gauge sheet metal . b. They shall be lined with a nonsparking material. c. The edges of metal covers shall overlap the sides by at least

25.4 mm (1 in.).

4.7.3 Type 3 Magazine. A Type 3 magazine (day box) shall be a portable structure that is fire resistant, theft resistant, and weather resistant, and shall comply with the following provisions:

(1) The magazine shall be equipped with a five-tumbler padlock. (2) Magazines constructed of wood shall meet the following

requirements: a. They shall have sides, bottoms, and covers or doors of 101.6-

mm (4-in.) hardwood that are braced at the corners. b. They shall be covered with sheet metal of not less than 26

gauge. c. Nails exposed to the interior of the magazine shall be

countersunk. (3) Magazines constructed of metal shall meet the requirements of

4.7.2.4(5). 4.7.4 Type 4 Magazine. A Type 4 magazine shall be a permanent, portable, or mobile structure such as a building, igloo, box, semitrailer, or other mobile container that is fire resistant, theft resistant, and weather resistant. 4.7.4.1 Type 4 Outdoor Magazine. A Type 4 outdoor magazine shall comply with the following provisions:

(1) The magazine shall be constructed of the following: a. Masonry b. Wood covered with sheet metal, fabricated metal, or a

combination of these materials (2) Doors shall be metal or wood covered with metal. (3) Permanent magazines shall comply with 4.7.1(4), (7), and (8).

(4) Vehicular magazines shall comply with 4.7.2.3(7) and shall be immobilized where unattended, as described in 4.7.2.3(8). 4.7.4.2 Type 4 Indoor Magazine. A Type 4 indoor magazine shall comply with all the provisions of 4.7.2.4. 4.8 Construction of Storage Buildings for Consumer Fireworks. 4.8.1 General. Consumer fireworks storage shall comply with the following:

(1) Storage shall be in a building, igloo, trailer, semitrailer, or metal shipping container.

(2) Storage shall be constructed to resist fire from an external source and to be weather-resistant and theft-resistant. 4.8.2 Openings. All openings shall be equipped with a means for locking. 4.8.2.1 Means of egress in all buildings shall comply with applicable requirements of NFPA 101, Life Safety Code. 4.8.2.2 Trailers, semitrailers, or metal shipping containers that are not normally occupied shall not be required to comply with NFPA 101, Life Safety Code. 4.8.3 Doors. 4.8.3.1 All doors shall open outward, and all exits shall be marked. 4.8.3.2 Aisles and exit doors shall be kept free of obstructions. 4.8.3.3 Doors shall be equipped with panic hardware. 4.8.3.4 Doors shall be unlocked during operation. 4.8.3.5 Trailers, semitrailers, or metal shipping containers that are not normally occupied shall be permitted to be locked during operation. 4.8.4 Building Specifications. Buildings used for the storage of consumer fireworks shall meet all of the following criteria:

(1) They shall be nonresidential. (2) They shall not exceed one story. (3) They shall not have basements.

4.8.4.1 Consumer fireworks stored in a building that is also used for other purposes shall be stored in a room or area used exclusively for the storage of consumer fireworks. 4.8.4.2 The interior walls of the rooms required by 4.8.4.1 shall have a minimum fire resistance rating of 1 hour and doors with a fire resistance rating of 45 minutes. 4.8.4.3 Where acceptable to the authority having jurisdiction, noncombustible materials shall be permitted to be stored in the same room or area with consumer fireworks. 4.8.5 Electrical Requirements. 4.8.5.1 All electrical fixtures and wiring for storage buildings shall comply with NFPA 70, National Electrical Code. 4.8.5.1.1 All electrical fixtures in storage buildings at fireworks manufacturing plants shall be dust-tight. 4.8.5.1.2 Electrical receptacles or unguarded light fixtures shall not be permitted within 7.6 m (25 ft) of any fireworks.


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4.8.5.1.3 Light fixtures within 7.6 m (25 ft) of any fireworks shall have guards. 4.8.5.2 All electrical wiring shall comply with Article 502 of NFPA 70, National Electrical Code. 4.8.5.3 An electrical disconnect shall be located outside each storage building, and the disconnect shall be arranged to de-energize all electrical power to the building. 4.8.5.4 No extension cords or other temporary wiring shall be permitted within 7.6 m (25 ft) of any stored consumer fireworks. 4.9 Separation Distances and Quantity Tables. 4.9.1 General. 4.9.1.1 Barricades. To be effective, a barricade shall be of such height that one of the following passes through the barricade:

(1) A straight line measured from the top of any sidewall of a magazine or building containing explosives to the eave line of any magazine or building

(2) A straight line measured from the top of any sidewall of a magazine or building containing explosives to a point 3.7 m (12 ft) above the center of a railway or highway 4.9.1.2 Screen Barricades. 4.9.1.2.1 Screen barricades shall be permitted to be constructed of one of the following:

(1) Metal roofing (2) 6 mm to 13 mm (0.25 in. to 0.5 in.) mesh screen (3) Other equivalent material

4.9.1.2.2 The screen barrier shall extend from floor level to a height such that a straight line measured from the top of any sidewall of the donor building to the eave line of any exposed building intercepts the screen at a point not less than 1.5 m (5 ft) from the top of the screen. 4.9.1.2.3 The top 1.5 m (5 ft) of the screen barrier shall incline toward the donor building at an angle of 30 degrees to 45 degrees. 4.9.2 Separation Distances and Quantity Tables for Process Buildings and Areas.

4.9.2.1 Process buildings and areas shall be separated from other process buildings and areas and from nonprocess buildings in accordance with the distances specified in Table 4.9.2.1. 4.9.2.2 A maximum of 227 kg (500 lb) of in-process composition, in loose form or in partially assembled display fireworks, shall be permitted in any process building or area. 4.9.2.3 Finished display fireworks shall not be stored in a process building. (See Section 4.10.) 4.9.2.4 A maximum of 4.5 kg (10 lb) of salute powder, in loose form or in assembled units, shall be permitted in any process building or area. 4.9.2.5 Quantities of loose salute powder in excess of 4.5 kg (10 lb) shall be kept in an approved magazine. 4.9.2.6 The minimum separation distance for in-process consumer fireworks or pyrotechnic articles shall be as follows:

(1) The minimum separation distance of 11 m (37 ft) for in-process consumer fireworks or pyrotechnic articles shall apply only to 45 kg (100 lb) of loose powder or stars.

(2) If a quantity of loose powder or stars greater than 45 kg (100 lb) is present, the minimum separation distances in Table 4.9.2.1 for in-process display fireworks shall be used. 4.9.3 Separation Distances for Process Buildings and Areas from Inhabited Buildings, Passenger Railways, Public Highways, Magazines, and Shipping and Storage Buildings. Process buildings and areas shall be separated from the following in accordance with the distances specified in Table 4.9.3:

(1) Inhabited buildings (2) Passenger railways (3) Public highways (4) Magazines (5) Display fireworks shipping buildings (6) Consumer fireworks storage buildings

Table 4.9.2.1 Minimum Separation Distances Between Process Buildings and Areas and Distances Between Process and Nonprocess Buildings and Areas

Net Weight of Fireworks1

In-Process Display without Barricades

In-Process Display with

Barricades

In-Process Consumer Fireworks or Pyrotechnic

Articles2,3 kg lb m ft m ft m ft

> 0 – ≤ 45 > 0 – ≤ 100 35 114 17 57 11 37 > 45 – ≤ 91 > 100 – ≤ 200 42 138 21 69 11 37

> 91 – ≤ 136 > 200 – ≤ 300 47 154 23 77 11 37 > 136 – ≤ 181 > 300 – ≤ 400 52 170 26 85 11 37 > 181 – ≤ 227 > 400 – ≤ 500 55 182 28 91 11 37 > 227 – ≤ 454 > 500 – ≤ 1000 NP NP 11 37 > 454 – ≤ 907 > 1000 – ≤ 2000 NP NP 11 37

> 907 – ≤ 1361 > 2000 – ≤ 3000 NP NP 15 48 > 1361 – ≤ 1814 > 3000 – ≤ 4000 NP NP 18 60

> 1814 > 4000 NP NP 20 67 NP: Not permitted. 1 Net weight equals the weight of all pyrotechnic and explosive composition and fuse only. 2 For maximum quantity of pyrotechnic composition permitted in a pyrotechnics laboratory, see 4.9.9.3. 3 See 4.9.2.6(1).


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4.9.3.1* The distances in Table 4.9.3 shall apply to process buildings and areas with or without barricades or screen-type barricades. 4.9.3.2 Table 4.9.3 shall not apply to the separation distances between process buildings or areas (see Table 4.9.2.1), between magazines (see Tables 4.9.4.1 and 4.9.5), and between storage buildings (see Table 4.9.6). 4.9.3.3 A maximum of 227 kg (500 lb) of in-process composition, in loose form or in partially assembled display fireworks, shall be permitted in any process building or area. 4.9.3.4 Finished display fireworks shall not be stored in a process building. (See Section 4.10.) 4.9.3.5 A maximum of 4.5 kg (10 lb) of salute powder, in loose form or in assembled units, shall be permitted in any process building or area. 4.9.3.6 Quantities of loose salute powder in excess of 4.5 kg (10 lb) shall be kept in an approved magazine. 4.9.4 Separation Distances and Quantity Tables for Magazines for the Storage of Display Fireworks and Components for Display Fireworks, Loose Pyrotechnic Composition, and Stars. 4.9.4.1 Magazines for the storage of display fireworks and components for display fireworks, loose pyrotechnic composition, and stars shall be separated from inhabited buildings, passenger railways, public highways, and other magazines in accordance with the distances specified in Table 4.9.4.1.

4.9.4.2 For the purposes of applying Table 4.9.4.1, a shipping building for display fireworks shall be considered a magazine. 4.9.4.3 For the purposes of applying Table 4.9.4.1, the following criteria shall be met:

(1) Display fireworks shipping buildings shall meet the same distance requirements as magazines.

(2) All compositions not in current use shall be kept in covered, nonferrous containers, unless such composition has been loaded or pressed into tubes or other containers as consumer fireworks. 4.9.4.4 At a fireworks plant, up to 22.7 kg (50 lb) of pyrotechnic composition or display fireworks shall be permitted to be stored in a Type 2 or a Type 4 indoor magazine in any process building. 4.9.4.5 Magazines for the storage of bulk salute powder and bulk salutes shall comply with Table 4.9.5. 4.9.4.6 For fireworks storage magazines in active use prior to March 7, 1990, the distances in Table 4.9.4.1 shall be permitted to be halved, provided that earthen barricades are used between the magazine and potential receptor sites. 4.9.4.7 Table 4.9.4.1 shall not apply to the storage of bulk salute powder or to the storage of shipping cartons or storage containers that primarily contain salutes or salute components. (See Table 4.9.5 for bulk salute powder and bulk salute storage requirements.)

Table 4.9.3 Minimum Separation Distances of Process Buildings and Areas from Inhabited Buildings, Passenger Railways, Public Highways, Fireworks Plant Magazines and Shipping Buildings, and Storage

Buildings for Consumer Fireworks

Net Weight of Fireworks1

In-Process Display

Fireworks

In-Process Consumer

Fireworks or Pyrotechnic Articles

kg lb m ft m ft > 0 – ≤ 45 > 0 – ≤ 100 61 200 7.6 25

> 45 – ≤ 227 > 100 – ≤ 500 61 200 15 50 > 227 – ≤ 454 > 500 – ≤ 1000 NP 23 75 > 454 – ≤ 907 > 1000 – ≤ 2000 NP 30 100 > 907 – ≤ 1361 > 2000 – ≤ 3000 NP 35 115

> 1361 – ≤ 1814 > 3000 – ≤ 4000 NP 38 124 > 1814 > 4000 NP 40 130

NP: Not permitted. 1 Net weight equals the weight of all pyrotechnic and explosive composition and fuse only. 2 For information on the separation distances between process buildings see Table 4.9.2.1, between magazines see Tables 4.9.4.1 and 4.9.5, and between storage buildings see Table 4.9.6.

Table 4.9.4.1 Minimum Separation Distances for the Storage of Display Fireworks, Except Bulk Salutes, at Fireworks Manufacturing Plants from Passenger Railways, Public Highways, Fireworks

Magazines and Shipping Buildings, Storage Buildings, and Inhabited Buildings

Net Weight of Fireworks*

In-Process Display Fireworks

In-Process Consumer

Fireworks or Pyrotechnic Articles

kg lb m ft m ft > 0 – ≤ 454 > 0 – ≤ 100 46 150 30 100

> 454 – ≤ 2268 > 1000 – ≤ 5000 70 230 46 150 > 2268 – ≤ 4536 > 5000 – ≤ 10,000 91 300 61 200

> 4536 > 10,000 See Table 4.9.5 ? ? *Net weight equals the weight of all pyrotechnic and explosive compositions and fuse only.


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Table 4.9.5 Table of Distances for Magazines for the Storage of Bulk Salute Powder and Bulk Salutes Distances (ft)

Quantity of Explosive

Materials1,2,3,4

Inhabited Buildings9

Public Highways Class A to D11

Passenger Railways — Public Highways with

Traffic Volume of More than 3000 Vehicles/Day10,11

Separation of Magazines12

Pounds Over

Pounds Not Over

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

0 5 70 140 30 60 51 102 6 12 5 10 90 180 35 70 64 128 8 16

10 20 110 220 45 90 81 162 10 20 20 30 125 250 50 100 93 186 11 22 30 40 140 280 55 110 103 206 12 24 40 50 150 300 60 120 110 220 14 28 50 75 170 340 70 140 127 254 15 30 75 100 190 380 75 150 139 278 16 32

100 125 200 400 80 160 150 300 18 36 125 150 215 430 85 170 159 318 19 38 150 200 235 470 95 190 175 350 21 42 200 250 255 510 105 210 189 378 23 46 250 300 270 540 110 220 201 402 24 48 300 400 295 590 120 240 221 442 27 54 400 500 320 640 130 260 238 476 29 58 500 600 340 680 135 270 253 506 31 62 600 700 355 710 145 290 266 532 32 64 700 800 375 750 150 300 278 556 33 66 800 900 390 780 155 310 289 578 35 70 900 1000 400 800 160 320 300 600 36 72

1000 1200 425 850 165 330 318 636 39 78 1200 1400 450 900 170 340 336 672 41 82 1400 1600 470 940 175 350 351 702 43 86 1600 1800 490 980 180 360 366 732 44 88 1800 2000 505 1010 185 370 378 756 45 90 2000 2500 545 1090 190 380 408 816 49 98 2500 3000 580 1160 195 390 432 864 52 104 3000 4000 635 1270 210 420 474 948 58 116 4000 5000 685 1370 225 450 513 1026 61 122 5000 6000 730 1460 235 470 546 1092 65 130 6000 7000 770 1540 245 490 573 1146 68 136 7000 8000 800 1600 250 500 600 1200 72 144 8000 9000 835 1670 255 510 624 1248 75 150 9000 10,000 865 1730 260 520 645 1290 78 156

10,000 12,000 875 1750 270 540 687 1374 82 164 12,000 14,000 885 1770 275 550 723 1446 87 174 14,000 16,000 900 1800 280 560 756 1512 90 180 16,000 18,000 940 1880 285 570 786 1572 94 188 18,000 20,000 975 1950 290 580 813 1626 98 196 20,000 25,000 1055 2000 315 630 876 1752 105 210 25,000 30,000 1130 2000 340 680 933 1866 112 224 30,000 35,000 1205 2000 360 720 981 1962 119 238 35,000 40,000 1275 2000 380 760 1026 2000 124 248 40,000 45,000 1340 2000 400 800 1068 2000 129 258 45,000 50,000 1400 2000 420 840 1104 2000 135 270 50,000 55,000 1460 2000 440 880 1140 2000 140 280 55,000 60,000 1515 2000 455 910 1173 2000 145 290 60,000 65,000 1565 2000 470 940 1206 2000 150 300 65,000 70,000 1610 2000 485 970 1236 2000 155 310 70,000 75,000 1655 2000 500 1000 1263 2000 160 320 75,000 80,000 1695 2000 510 1020 1293 2000 165 330 80,000 85,000 1730 2000 520 1040 1317 2000 170 340 85,000 90,000 1760 2000 530 1060 1344 2000 175 350 90,000 95,000 1790 2000 540 1080 1368 2000 180 360 95,000 100,000 1815 2000 545 1090 1392 2000 185 370

100,000 110,000 1835 2000 550 1100 1437 2000 195 390 110,000 120,000 1855 2000 555 1110 1479 2000 205 410 120,000 130,000 1875 2000 560 1120 1521 2000 215 430 130,000 140,000 1890 2000 565 1130 1557 2000 225 450 140,000 150,000 1900 2000 570 1140 1593 2000 235 470


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Table 4.9.5 Table of Distances for Magazines for the Storage of Bulk Salute Powder and Bulk Salutes (continued) Distances (ft)

Quantity of Explosive

Materials1,2,3,4

Inhabited Buildings9

Public Highways Class A to D11

Passenger Railways — Public Highways with

Traffic Volume of More than 3000 Vehicles/Day10,11

Separation of Magazines12

Pounds Over

Pounds Not Over

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

Barri- caded6,7,8

Unbarri- caded

150,000 160,000 1935 2000 580 1160 1629 2000 245 490 160,000 170,000 1965 2000 590 1180 1662 2000 255 510 170,000 180,000 1990 2000 600 1200 1695 2000 265 530 180,000 190,000 2010 2010 605 1210 1725 2000 275 550 190,000 200,000 2030 2030 610 1220 1755 2000 285 570 200,000 210,000 2055 2055 620 1240 1782 2000 295 590 210,000 230,000 2100 2100 635 1270 1836 2000 315 630 230,000 250,000 2155 2155 650 1300 1890 2000 335 670 250,000 275,000 2215 2215 670 1340 1950 2000 360 720 275,000 300,000 2275 2275 690 1380 2000 2000 385 770

Explanatory Notes Essential to the Application of the American Table of Distances for Storage of Explosives 1 “Explosive materials” means explosives, blasting agents, and detonators. 2 “Explosives” means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. A list of explosives determined to be within the coverage of 18 U.S.C., Chapter 40, “Importation, Manufacture, Distribution, and Storage of Explosive Materials,” is issued at least annually by the Director of the Bureau of Alcohol, Tobacco, and Firearms of the Department of the Treasury. For quantity and distance purposes, detonating cord of 50 grains per foot should be calculated as equivalent to 8 lb (3.7 kg) of high explosives per 1000 ft (305 m). Heavier or lighter core loads should be rated proportionately. 3 “Blasting agents” means any material or mixture consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap where unconfined. 4 “Detonator” means any device containing any initiating or primary explosive that is used for initiating detonation. A detonator shall not be permitted to contain more than 10 g of total explosives by weight, excluding ignition or delay charges. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires. All types of detonators in strengths through No. 8 cap should be rated at 1 lb (0.7 kg) of explosives per 1000 caps. For strengths higher than No. 8 cap, consult the manufacturer. 5 “Magazine” means any building, structure, or container, other than an explosives manufacturing building, approved for the storage of explosive materials. 6 “Natural barricade” means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine when the trees are bare of leaves. 7 “Artificial barricade” means an artificial mound or revetted wall of earth of a minimum thickness of 3 ft (0.9 m). 8 “Barricaded” means the effective screening of a building containing explosive materials from the magazine or other building, railway, or highway by a natural or an artificial barrier. A straight line from the top of any sidewall of the building containing explosive materials to the eave line of any magazine or other building or to a point 12 ft (3.7 m) above the center of a railway or highway shall pass through such barrier. 9 “Inhabited building” means a building regularly occupied in whole or part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosive materials. 10 “Railway” means any stream, electric, or other railroad or railway that carries passengers for hire. 11 “Highway” means any public street, public alley, or public road. 12 Where two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and, in addition, they should be separated from each other by not less than the distances shown for “separation of magazines,” except that the quantity of explosive materials contained in detonator magazines shall govern with regard to the spacing of the detonator magazines from magazines containing other explosive materials. If any two or more magazines are separated from each other by less than the specified “separation of magazines” distances, then those two or more magazines, as a group, must be considered as one magazine, and the total quantity of explosive materials stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum distances specified from other magazines, inhabited buildings, railways, and highways. 13 Storage in excess of 300,000 lb (136,200 kg) of explosive materials in one magazine is generally not required for commercial enterprises. 14 This table applies only to the manufacture and permanent storage of commercial explosive materials. It is not applicable to transportation of explosives or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives. 15 Where a manufacturing building on an explosive materials plant site is designed to contain explosive materials, such building shall be located from inhabited buildings, public highways, and passenger railways in accordance with the American Table of Distances based on the maximum quantity of explosive materials permitted to be in the building at one time. Source: The American Table of Distances is reproduced from the American Table of Distances for Storage of Explosives as revised and approved by the Institute of Makers of Explosives in June 1991.


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4.9.5 Magazines Containing Salute Powder and Salutes. Magazines containing salute powder and salutes shall be separated from each other and from inhabited buildings, public highways, and passenger railways in accordance with the distances specified in Table 4.9.5. 4.9.6 Separation Distances and Quantity Tables for Storage Buildings for Consumer Fireworks. Storage buildings for consumer fireworks located at fireworks manufacturing facilities shall be separated from inhabited buildings, passenger railways, public highways, and other storage buildings in accordance with the distances specified in Table 4.9.6. 4.9.7 Groups of Buildings. 4.9.7.1 If any process building is separated from any other process or nonprocess building by less than the distance specified in Table 4.9.2.1, two or more such buildings, as a group, shall be considered to be one building. 4.9.7.2 The total quantity of explosive and pyrotechnic composition in the group of buildings specified in 4.9.7.1 shall not exceed 227 kg (500 lb) or shall not exceed 4.5 kg (10 lb) of salute powder. 4.9.7.3 Each building in the group shall otherwise comply with the separation distances specified in Table 4.9.2.1 and Table 4.9.3. 4.9.7.4 Unoccupied buildings at manufacturing facilities shall not be subject to the separation distance requirements of Section 4.9. 4.9.8 Magazine Groups. 4.9.8.1 If any two or more magazines or storage buildings are separated by less than the distances specified in Table 4.9.4.1, Table 4.9.5, or Table 4.9.6, two or more such structures shall be considered to be one magazine or storage building. 4.9.8.2 The total quantity of explosive and pyrotechnic composition stored in the group of buildings shall be used to determine the minimum separation distances of each building in the group from inhabited buildings, passenger railways, public highways, and other magazines and storage buildings. 4.9.8.3 No minimum separation distance shall be required for process buildings, magazines, or storage buildings within a group. 4.9.9 Pyrotechnic Laboratories. 4.9.9.1 Pyrotechnics laboratories shall be considered process buildings for consumer fireworks for the purpose of separation distances. 4.9.9.2 Pyrotechnics laboratories shall be considered to be nonprocess buildings with respect to the other requirements of this code.

4.9.9.3 Pyrotechnics laboratories shall not contain more than 4.5 kg (10 lb) of pyrotechnic composition and not more than 0.23 kg (0.5 lb) of salute powder, provided that all fireworks and pyrotechnic composition are stored properly when not in use. 4.10* Maximum Number of Occupants and Maximum Quantity Limitations. Not more than 227 kg (500 lb) of pyrotechnic or explosive composition shall be permitted at one time in any process building or area. 4.11 Operations. 4.11.1 The requirements of 27 CFR, 55, Bureau of Alcohol, Tobacco and Firearms, for transfer of the following from process buildings to magazines at the conclusion of daily operation shall be met:

(1) Dry explosive powders and mixtures (2) Partially assembled display fireworks (3) Finished display fireworks

4.11.2* Unless a variance from the requirement of 4.11.1 has been issued in writing to a manufacturer by the Bureau of Alcohol, Tobacco and Firearms, all dry explosive powders and mixtures, partially assembled display fireworks, and finished display fireworks shall be transferred from process buildings to magazines at the conclusion of daily operation. 4.12 Fire and Explosion Prevention. 4.12.1 Rubbish, Spills, and Waste Disposal. 4.12.1.1 All buildings shall be kept clean and orderly, and dust or rubbish shall be kept to a minimum. 4.12.1.2 Spills of explosive or pyrotechnic composition shall be cleaned up, and materials used for cleanup shall be removed immediately from the building. 4.12.1.3 The spilled material shall be destroyed by immersion in water or by burning in a manner acceptable to the authority having jurisdiction. 4.12.1.4 Rags, combustible scrap, and paper shall be kept separate from waste explosive or pyrotechnic materials. 4.12.1.5 Rags, combustible scrap, and paper shall be kept in approved, marked containers until removed from the building. 4.12.1.6 Disposal containers shall be removed from buildings on a daily basis and removed from the plant at regular intervals. 4.12.1.7 Waste explosive or pyrotechnic materials shall be destroyed as described in 4.12.1.3.

Table 4.9.6 Minimum Separation Distances of Consumer Fireworks Storage Buildings at Fireworks Manufacturing Plants from Inhabited Buildings, Magazines, Passenger Railways, Public Highways, and Other Storage Buildings

Gross Weight of Consumer

Fireworks

Distance from Passenger Railways, Public Highways, and

Other Storage Buildings

Distance from Inhabited Buildings and

Magazine kg lb m ft m ft

0–454 0–1000 11 35 21 70 454–2268 1000–5000 17 55 34 110 2268–4536 5000–10,000 18 60 37 120 4536–9072 10,000–20,000 20 65 41 135

9072–22,680 20,000–50,000 24 80 49 160 22,680–45,360 50,000–100,000 27 90 55 180

45,360 100,000 and over 30 100 61 200


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4.12.2 Smoking Materials. 4.12.2.1 Smoking materials shall not be carried into or in the vicinity of process buildings. 4.12.2.2 Personnel shall deposit all smoking materials at a designated location in a nonprocess building before entering a processing plant. 4.12.2.3* Smoking shall be permitted only in office buildings or in buildings used exclusively as lunchrooms or rest rooms and in which the presence of explosive or pyrotechnic materials is prohibited. 4.12.2.4 Authorized smoking locations shall comply with the following:

(1) They shall be marked as smoking areas. (2) They shall contain designated receptacles for disposal of

smoking materials. (3) They shall be provided with at least one approved portable fire

extinguisher for use on Class A fires. 4.12.2.5 Personnel whose clothing is contaminated with explosive or pyrotechnic composition to a degree that endangers personnel safety shall not be permitted in smoking areas. 4.12.3 Substance Abuse. No employee or other person shall be permitted to enter the plant while in possession of or under the influence of alcohol, drugs, or narcotics. 4.12.4 Clothing. 4.12.4.1 Personnel working at or supervising mixing, pressing, and loading operations shall be provided with and shall wear cotton or other similarly protective clothing. 4.12.4.2 Other protective clothing, eye protection, and respiratory protection shall be worn as needed. 4.12.4.3 Washing and changing facilities shall be provided for personnel. 4.12.4.4 Work clothing shall be washed frequently to prevent the accumulation of explosive or pyrotechnic composition and shall not be worn outside the plant. 4.12.5* Oxidizers. 4.12.5.1 Oxidizers shall be stored to avoid contact with incompatible materials such as ordinary combustibles, flammable or combustible liquids, greases, and materials that could react with the oxidizer or promote or initiate its decomposition. 4.12.5.2 Incompatible materials shall not include approved packaging materials, pallets, or other dunnage. 4.12.5.3 Oxidizer storage shall comply with NFPA 430, Code for the Storage of Liquid and Solid Oxidizers. 4.12.6* Machinery and Tooling. Machinery and tooling shall be permitted to be made of ferrous metal. (See also 4.5.3.4.2.) 4.13 Fire Protection and Emergency Plans. 4.13.1 Fire Extinguishers. 4.13.1.1 Portable fire extinguishers shall be provided in all buildings in accordance with the requirements of NFPA 10, Standard for Portable Fire Extinguishers.

4.13.1.2 Fire extinguishers shall not be located in buildings in which explosive or pyrotechnic mixtures are exposed. 4.13.2 Emergency Plan. 4.13.2.1 Each plant shall have a formal emergency plan. 4.13.2.2 An emergency warning signal shall be established. 4.13.2.3 The emergency plan shall include employee instruction and training and shall be applicable to all anticipated emergencies. 4.13.2.4 The emergency plan shall include instruction in the use of portable fire extinguishers and the identification of fires on which they can be used. 4.13.2.5 Employees shall be instructed to abandon fire-fighting efforts if the fire involves or appears likely to spread to explosive or pyrotechnic composition or devices, in which case employees shall evacuate the building immediately and alert other plant personnel. 4.13.3 Master Electrical Disconnect. 4.13.3.1 A master electrical disconnect shall be provided at the point where the electrical service enters the plant. 4.13.3.2 The master disconnect shall be arranged to disconnect all electrical power to the plant. 4.13.3.3 Emergency circuits, such as the electrical supply to fire pumps or emergency lighting, shall have their own master disconnects. 4.14 Testing of Fireworks and Pyrotechnic Articles. 4.14.1 Testing of fireworks, pyrotechnic materials, and pyrotechnic and explosive compositions shall be performed only in a building or area specifically designated for the purpose. 4.14.2 Testing shall be conducted at a safe distance from other plant buildings or structures and process areas. 4.14.3 Testing of fireworks, pyrotechnic articles, and any component(s) containing pyrotechnic or explosive materials shall be performed only in an area specifically designated by the manufacturer and approved by the authority having jurisdiction. 4.15 Occupancies. 4.15.1* The number of occupants in each process building and in each magazine shall not exceed the number necessary to conduct production operations. 4.15.2 The maximum number of occupants and maximum weight of pyrotechnic and explosive composition permitted in each process building and in each magazine shall be posted in a conspicuous location in each process building or magazine. 4.16 Training. 4.16.1 Each plant shall designate an employee as safety officer who shall be responsible for general safety, fire prevention and protection, and employee safety training. 4.16.2 The safety officer shall provide formal instruction to all employees upon their commencing employment and at least annually thereafter, regarding safety methods, procedures, and requirements and procedures for handling explosive and pyrotechnic compositions and devices.


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4.17 Operations in Storage Buildings. 4.17.1 While in operation, storage buildings shall be under the direct supervision of a competent person at least 21 years old who shall be responsible for enforcing all safety precautions. 4.17.2 Operations in consumer fireworks storage buildings shall be limited to the packaging of finished fireworks into assortment packages or shipping cartons. 4.17.3 Housekeeping shall be performed in accordance with the requirements of 4.17.3.1 through 4.17.3.3. 4.17.3.1 No loose black powder or other exposed pyrotechnic composition shall be permitted in a consumer fireworks storage building and, if discovered, it shall be removed immediately. 4.17.3.2 Storage buildings shall comply with the following requirements:

(1) Buildings shall be kept clean, dry, and free of grit, paper, empty used packages, and rubbish.

(2) Brooms and other cleaning utensils shall not have spark-producing metal parts.

(3) Sweepings from magazine floors shall be disposed of in compliance with all applicable regulations. 4.17.3.3 The area around storage buildings shall be kept clear of brush, dried vegetation, leaves, and similar combustibles for a distance of at least 7.6 m (25 ft). 4.17.4 All doors shall be kept locked when the building is unoccupied or unattended. 4.17.5* Consumer fireworks shall be stored as follows:

(1) Fireworks shall be stored in cartons complying with the regulations of the U.S. Department of Transportation (U.S. DOT), 49 CFR, 178.

(2) All containers shall be stacked neatly and in a stable manner. (3) Unpackaged consumer fireworks returned to the storage

building shall be permitted to be stored temporarily until repackaging can be performed. 4.17.6 Tools used for opening containers shall be nonsparking, unless they are metal slitters used for opening fiberboard containers. 4.17.7 Before repairs are performed on the interior or exterior of a storage building where there is a possibility of causing sparks or fire, all fireworks shall be removed from the repair area and the interior shall be cleaned. 4.17.8 The removal of fireworks from a storage building undergoing repair shall be in accordance with 5.2.12. 4.17.9 The following shall not be permitted inside of a storage building or within 7.6 m (25 ft) of stored consumer fireworks:

(1) Smoking (2) Matches (3) Open flames (4) Spark-producing devices (5) Firearms

4.17.10 Signs that read as follows in letters not less than 101.6 mm (4 in.) high on a contrasting background shall be conspicuously posted:

FIREWORKS — NO SMOKING

4.17.11 No consumer fireworks shall be stored within 30.5 m (100 ft) of any dispensing unit for flammable liquids or gases. 4.17.12* Portable fire-fighting equipment shall be provided in consumer fireworks storage areas as required by the authority having jurisdiction. 4.17.13 The operator of each consumer fireworks storage building shall prepare a written emergency action plan, in which employees shall be trained, that provides specific directions to be followed in the event of a fire. 4.18 Work Areas in Consumer Fireworks Storage Buildings. 4.18.1 For the purposes of repackaging consumer fireworks only, work areas shall be separated from stored consumer fireworks by a wall with a fire resistance rating of 1 hour or by a minimum separation distance of 7.6 m (25 ft). 4.18.2 Work areas shall have an exit other than an exit through the area in which consumer fireworks are stored. 4.19 Item Construction. 4.19.1 Aerial Shells. Aerial shells shall be constructed so that they fit easily into the appropriately sized mortar and so that the appropriate lift charge and internal delay fuse are used to propel the shell to a safe altitude before functioning. 4.19.2 Safety Caps. Safety caps shall comply with the following requirements:

(1) A safety cap shall be installed over the exposed end of the internal delay fuse.

(2) The safety cap shall be of a different color than that of the fuse and shall be installed in such a manner that the fuse remains undamaged when removed.

(3) Electrically fired displays shall not require a safety cap, provided that no pyrotechnic composition is exposed. 4.19.3 Display Fireworks–Ground Salutes. 4.19.3.1 Display fireworks–ground salutes shall not exceed 76 mm (3 in.) in diameter × 76 mm (3 in.) in length. 4.19.3.2 The maximum quantity of salute powder in display fireworks–ground salutes shall not exceed 71 g (2.5 oz). 4.19.3.3 Display fireworks–ground salutes shall not be constructed using brittle plastic. 4.19.3.4 To allow the person igniting the aerial shells to retreat safely, the time delay between igniting the tip of the shell’s fuse and the firing of the shell shall be not less than 3 seconds or more than 6 seconds. 4.19.3.5 Electrically ignited displays shall not require the delay period specified in 4.19.3.4. 4.19.4 Labeling. 4.19.4.1 Pyrotechnic articles intended for indoor use shall be so marked, and labels shall include the following information:

(1) Accurate performance characteristics of the device (2) For fountains, gerbs, and other preloads, duration, height, and

diameter of the effect, as applicable


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4.19.4.2 Pyrotechnic articles marked for indoor use shall be permitted to be used outdoors. 4.19.4.3 Pyrotechnic articles marked by the manufacturer for indoor use shall be used indoors only. 4.19.4.4 All binary systems shall be labeled with the following information in addition to the general requirements:

(1) Type of contents and general use of the material (2) Description of conditions of use, potential hazards, and

required equipment with instructions for use (3) Manufacturer’s statement regarding whether the material is

permitted for indoor use and the conditions under which the material is to be used

4.19.4.5 All binary materials intended for indoor use shall be preweighed, premeasured, prepackaged, and identified by the manufacturer as permitted for indoor use. 4.19.5 Requirements for Display Fireworks Aerial Devices. In addition to the general requirements, the requirements of 4.19.5.1 through 4.19.5.6 shall apply to aerial devices for display fireworks. 4.19.5.1 Aerial shells, mines, and comets shall be classified and described only in terms of the inside diameter of the mortar from which they are to be fired. 4.19.5.2 As a minimum, each shell shall be marked with the following information:

(1) Size of the shell (2) Description of the type of shell (3)* Warning statement that reads as follows:

WARNING: DANGEROUS EXPLOSIVE. IF FOUND, DO NOT HANDLE. CONTACT LOCAL FIRE OR POLICE DEPARTMENT. (4) User instructions for disposal, if needed

4.19.5.3 Single-break salute shells shall not exceed 76 mm (3 in.) in diameter or 76 mm (3 in.) in length (exclusive of propellant charge). 4.19.5.4 The maximum quantity of salute powder in a single-break salute shell shall not exceed 71 g (2.5 oz). 4.19.5.5 The label or wrapper of any type of aerial salute shall be marked with the word salute. 4.19.5.6 All preloaded, chain-fused aerial items shall have instructions for placement and stabilization necessary to prevent tipover. Chapter 5 Storage of Display Fireworks, Pyrotechnic Articles, Salute

Powder, Pyrotechnic and Explosive Compositions, and Black Powder 5.1 General Requirements. 5.1.1 Display fireworks, pyrotechnic articles, salute powder, pyrotechnic and explosive compositions, and black powder shall be stored in magazines at all times, except during manufacture, packaging, transportation, or use. 5.1.1.1 Bulk salute and bulk salute powder shall be stored only in Type 1 or Type 2 magazines.

5.1.1.2 The following shall be stored only in Type 1, Type 2, or Type 4 magazines:

(1) Display fireworks that are not bullet sensitive (2) Pyrotechnic articles categorized as Explosives 1.3, other than

bulk salute and bulk salute powder (3) Black powder

5.1.2 Magazines containing display fireworks and pyrotechnic articles that are not categorized as Explosives 1.4 shall be separated from inhabited buildings, passenger railways, and public highways by the distances specified in Table 4.9.3 or Table 4.9.5. 5.1.3 Magazines containing display fireworks and pyrotechnic articles that are not categorized as Explosives 1.4 shall be separated from other magazines and from plant buildings by the distances specified in Table 4.9.2.1. 5.1.4 Magazines containing black powder shall be separated from inhabited buildings, passenger railways, public highways, and other magazines by the distances specified in Table 4.9.3. 5.2 Storage Within Magazines. 5.2.1 Magazines shall be supervised at all times by a competent person at least 21 years old who shall be responsible for enforcing all safety precautions. 5.2.2* All magazines containing explosives shall be inspected at intervals not exceeding 7 days to determine whether there has been unauthorized or attempted entry or whether there has been unauthorized removal of the magazines. 5.2.3* Magazine doors shall be kept closed and shall be kept locked at all times when the facility is not in operation. 5.2.4 Magazine doors shall not be required to be closed and locked during placement or removal of explosive materials or during inspection. 5.2.5* Containers of explosive materials shall be piled in a stable manner and laid flat with top side up. 5.2.6 The following shall apply to containers of explosive materials:

(1) Containers shall not be opened, unpacked, or repacked inside of or within 15 m (50 ft) of a magazine or in close proximity to other explosives.

(2) Fiberboard containers shall be permitted to be opened inside of or within 15 m (50 ft) of a magazine, provided that they are not unpacked. 5.2.7 Tools used for opening containers of explosive materials shall be nonsparking, unless they are metal slitters used for opening fiberboard containers. 5.2.8 Magazines shall be used exclusively for the storage of explosive and pyrotechnic materials. 5.2.8.1 Metal tools other than nonferrous conveyors shall not be stored in magazines. 5.2.8.2 Ferrous metal conveyor stands protected by a coat of paint shall be permitted to be stored within magazines.


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5.2.9 Magazine floors shall be swept regularly and kept clean, dry, and free of grit, paper, empty packing materials, and rubbish. 5.2.9.1 Brooms and other cleaning utensils shall not have spark-producing metal parts. 5.2.9.2 Sweepings from magazine floors shall be disposed of in accordance with the manufacturer’s instructions. 5.2.10 Where any explosive or pyrotechnic material has deteriorated to the extent that it has become unstable or dangerous, the person responsible shall immediately contact the manufacturer for assistance. 5.2.11 Before repairs are made to the interior of a magazine, all explosive or pyrotechnic material shall be removed, and the interior shall be cleaned. 5.2.12 Before repairs are made to the exterior of a magazine where there is a possibility of causing sparks or fire, all explosive and pyrotechnic material shall be removed. 5.2.13 Explosive or pyrotechnic material removed from a magazine undergoing repair shall be stored as follows:

(1) The material shall be either placed in another magazine or placed a safe distance from the magazine, where it shall be guarded and protected properly.

(2) Upon completion of the repairs, the material shall be returned promptly to the magazine. 5.3 Miscellaneous Safety Precautions. 5.3.1 The following shall not be permitted inside of or within 15 m (50 ft) of a magazine:

(1) Smoking (2) Matches (3) Open flames (4) Spark-producing devices (5) Firearms, other than firearms carried by authorized security

personnel 5.3.2 The area around a magazine shall be kept clear of brush, dried vegetation, leaves, and similar combustibles for a distance of at least 7.6 m (25 ft). 5.3.3 Combustible materials shall not be stored within 15 m (50 ft) of a magazine. Chapter 6 Storage of Consumer Fireworks at Manufacturing Facilities 6.1 General Requirements. 6.1.1 Consumer fireworks at fireworks manufacturing facilities shall be stored in buildings meeting the requirements of this chapter. 6.1.2 Storage buildings shall be constructed to comply with this chapter. 6.1.3 Storage buildings containing consumer fireworks at fireworks manufacturing plants shall be separated as follows:

(1) They shall be separated from inhabited buildings, passenger railways, and public highways by the distances specified in Table 4.9.6.

(2) They shall be separated from other storage buildings, magazines, and fireworks manufacturing buildings by the distances specified in Table 4.9.3. 6.2 Requirements for Shipping Buildings for Display Fireworks.

6.2.1 Shipping buildings shall be separated from process buildings in accordance with the distances specified in Table 4.9.3. 6.2.2 Shipping buildings shall be separated from inhabited buildings, passenger railroads, public highways, and magazines in accordance with the distances specified in Table 4.9.4.1. 6.2.3* Separation distances for shipping buildings for storage of display fireworks shall be in accordance with Table 4.9.4.1 or Table 4.9.5, as appropriate, with a maximum of 22,680 kg (50,000 lb) net weight of display fireworks permitted to be stored. 6.2.4 Separation distances for shipping buildings for the storage of finished salutes shall be in accordance with Table 4.9.5 with a maximum of 227 kg (500 lb) net weight of finished salutes permitted to be stored. 6.2.5 All electrical equipment and fixtures in a shipping building shall meet the requirements for hazardous locations in accordance with NFPA 70, National Electrical Code. 6.2.6 Display fireworks awaiting packing and shipping shall be permitted to be stored in a shipping building overnight, provided that the building is fire resistant and theft resistant. 6.2.6.1 The building shall be locked when not in operation. 6.2.6.2 Windows shall be guarded with bars or similar protection.

Chapter 7 Retail Sales of Consumer Fireworks 7.1 Applicability. 7.1.1 Retail sales of consumer fireworks to the general public shall comply with the requirements of this chapter. 7.1.2 The requirements of this chapter shall apply to the following:

(1) Permanent buildings and structures, including the following: a. Stores b. Bulk merchandising retail buildings c. Consumer fireworks retail sales facilities

(2) Temporary facilities, including the following: a. Consumer fireworks retail sales stands b. Tents c. Canopies d. Membrane structures.

7.1.3 For the purpose of this chapter, stores and bulk merchandising retail buildings in which consumer fireworks retail sales are conducted shall not be considered consumer fireworks retail sales facilities as defined in Section 3.3 where both of the following conditions exist:

(1) The area of the retail sales floor occupied by the retail displays of consumer fireworks does not exceed 25 percent of the area of the retail sales floor in the building or 55.5 m2 (600 ft2), whichever is less

(2) The consumer fireworks are displayed and sold in a manner approved by the authority having jurisdiction and comply with the applicable provisions of this code, federal and state law, and local ordinances. 7.2 General Requirements for Retail Sales of Consumer Fireworks. 7.2.1 Display Fireworks and Pyrotechnic Articles. Retail sales to the general public of display fireworks and pyrotechnic articles, including the related storage and display for sale of such fireworks and articles, shall be prohibited at a consumer fireworks retail sales facility or store.


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7.2.2 Consumer Fireworks. Retail sales to the general public of consumer fireworks, including the related storage and display for sale of such fireworks, shall be in accordance with this code and state or local laws, ordinances, or regulations. 7.2.3 Prohibited Explosive Devices. Retail sales to the general public of certain explosive devices prohibited by the Child Safety Act of 1966, including the related storage and display for sale of such devices, shall be prohibited at a consumer fireworks retail sales facility or store. 7.2.4 Pest Control Devices. Retail sales to the general public of explosive pest control devices, including the related storage and display for sale of such devices, shall be prohibited at a consumer fireworks retail sales facility or store. 7.2.5 Noncomplying Fireworks. Retail sales to the general public of fireworks that do not comply with the regulations of the U.S. Consumer Product Safety Commission as set forth in 16 CFR, 1500 and 1507, and the regulations of the U.S. Department of Transportation as set forth in 49 CFR, 100 to 178, including the related storage and display for sale of such fireworks, shall be prohibited at a consumer fireworks retail sales facility or store. 7.3 Permit Requirements. 7.3.1 Permits. Where required by state or local laws, ordinances, or regulations, a permit for the following shall be obtained:

(1) Construction, erection, or operation of the following: a. Permanent building or structure b. Temporary structure such as a stand, tent, or canopy used

for the purpose of the retail display or sale of consumer fireworks to the public

(2) Storage of consumer fireworks in connection with the retail display or sale of consumer fireworks to the public 7.3.2 Plans. 7.3.2.1 Where required by the authority having jurisdiction, plans for consumer fireworks retail sales facilities shall be submitted to the authority having jurisdiction with the permit application. 7.3.2.2 Plans for facilities other than stands and tents shall include the following:

(1) Minimum distances from the following: a. Public ways b. Buildings c. Other consumer fireworks retail sales facilities d. Motor vehicle fuel-dispensing stations e. Retail propane-dispensing stations f. Flammable and combustible liquid aboveground tank

storage g. Flammable gas and flammable liquefied gas bulk

aboveground storage and dispensing areas within 91.5 m (300 ft) of the facility used for the retail sales of consumer fireworks

(2) Vehicle access and parking areas (3) Location and type of portable fire extinguishers (4) Floor plan and layout of storage and displays to indicate

compliance with this chapter and applicable state or local laws, ordinances, or regulations

(5) Means of egress (6) Construction details

7.3.2.3 The site plan for stands and tents shall show the location of the stand or tent on the site and indicate the minimum separation distances required by Section 7.7.

7.4 Construction. 7.4.1 Buildings and Structures. Consumer fireworks shall be permitted to be sold at retail in any of the following buildings or structures, provided that the building or structure does not exceed one story in height:

(1) Permanent buildings or structures constructed in accordance with the building code enforced by the authority having jurisdiction

(2) Tents, canopies, or temporary membrane structures complying with NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures

(3) Temporary structures constructed in accordance with this chapter

(4) Temporary consumer fireworks retail sales stands greater than 74 m2 (800 ft2) that also meet the requirements for a permanent structure

(5) Vehicles, such as vans, buses, trailers, recreational vehicles, motor homes, travel trailers, trucks, and automobiles, complying with the applicable requirements for consumer fireworks retail sales stands 7.4.2 Construction Materials. The following construction requirements shall apply to permanent consumer fireworks retail sales facilities in jurisdictions that have not adopted a local building code.

(1) Buildings having an area up to and including 743 m2 (8000 ft2) shall be permitted to be constructed of any approved construction materials.

(2) Buildings having an area greater than 743 m2 (8000 ft2) shall be constructed in accordance with one of the following:

a. Buildings shall be constructed of noncombustible or limited-combustible materials.

b. Buildings with exterior walls having a fire resistance rating of not less than 2 hours shall be permitted to have the roof decking and its supporting structure and interior partitions constructed of combustible materials.

c. Roof coverings for any building shall have a minimum rating of Class C as determined in accordance with NFPA 256, Standard Methods of Fire Tests of Roof Coverings.

7.4.3 Multiple-Tenant Buildings. 7.4.3.1 Where consumer fireworks retail sales facilities are located in a building containing other tenants, the consumer fireworks retail sales facility shall be separated from the other tenants by fire barriers having a fire resistance rating of not less than 1 hour without openings. 7.4.3.2 Any penetrations of the fire barriers shall be protected in accordance with NFPA 101, Life Safety Code. 7.4.4 Storage Rooms. Storage rooms that are used to store consumer fireworks in a permanent consumer fireworks retail sales facility or store shall be protected with an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, or separated from the retail sales area by a fire barrier having a fire resistance rating of not less than 1 hour. 7.4.4.1 Door and window openings in the fire barrier wall shall be protected by self-closing fire doors or fixed fire windows having a fire protection rating of not less than 3/4 hour and shall be installed in accordance with NFPA 80, Standard for Fire Doors and Fire Windows. 7.4.4.2 Any other openings or penetrations in the fire barrier wall shall be protected in accordance with NFPA 101, Life Safety Code.


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7.5 Fire Protection. 7.5.1 Automatic Sprinkler System. 7.5.1.1 An automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided in consumer fireworks retail sales facilities of greater than 1115 m2 (12,000 ft2). 7.5.1.2 The waterflow alarm device shall be arranged to activate audible and visual alarms throughout the facility in accordance with NFPA 72, National Fire Alarm Code . 7.5.2 Portable Fire Extinguishers. 7.5.2.1 Specification. Portable fire extinguishers shall be specified as required for extra (high) hazard occupancy in accordance with NFPA 10, Standard for Portable Fire Extinguishers. 7.5.2.2 Minimum Number. Every consumer fireworks retail sales facility shall have not less than two portable fire extinguishers with a minimum 2A rating, at least one of which shall be of the pressurized water type.

7.5.2.2.1 Temporary consumer fireworks retail sales stands of less than 18.6 m2 (200 ft2) shall be required to have only one portable fire extinguisher. 7.5.2.2.2 Where more than one portable fire extinguisher is required, at least one fire extinguisher shall be of the multipurpose dry chemical type if the facility is provided with electrical power. 7.5.2.3 Location. 7.5.2.3.1 Portable fire extinguishers for permanent consumer fireworks retail sales facilities and stores shall be located so that the maximum distance of travel required to reach an extinguisher from any point does not exceed 23 m (75 ft) as specified in NFPA 10, Standard for Portable Fire Extinguishers. 7.5.2.3.2 Portable fire extinguishers for temporary consumer fireworks retail sales facilities shall be installed and located so that the maximum distance of travel required to reach an extinguisher from any point does not exceed 10.6 m (35 ft). 7.5.3 Fire Alarms. A fire alarm system shall be provided as required by NFPA 101, Life Safety Code. 7.6 Site Requirements. 7.6.1* Fire Department Access. Any portion of an exterior wall of a building, sidewall of a tent, or other defined perimeter of a consumer fireworks retail sales facility shall be accessible within 45.7 m (150 ft) of a public way or an approved fire apparatus access. 7.6.2 Clearance to Combustibles. The area located within 9 m (30 ft) of a consumer fireworks retail sales facility shall be kept free of accumulated dry grass, dry brush, and combustible debris.

7.6.3 Parking. No motor vehicle or trailer used for the storage of consumer fireworks shall be parked within 3.05 m (10 ft) of a temporary consumer fireworks retail sales facility, except when delivering, loading, or unloading fireworks or other merchandise and materials used, stored, or displayed for sale in the facility. 7.6.4 Fireworks Discharge. 7.6.4.1 Fireworks shall not be ignited, discharged, or otherwise used within 91.5 m (300 ft) of a consumer fireworks retail sales facility or store. 7.6.4.2 At least one sign that reads as follows, in letters at least 102 mm (4 in.) high on a contrasting background, shall be conspicuously posted on the exterior of each side of the consumer fireworks retail sales facility:

NO FIREWORKS DISCHARGE WITHIN 300 FEET 7.6.5 No Smoking Signs. 7.6.5.1 Smoking shall not be permitted inside or within 15.5 m (50 ft) of the consumer fireworks retail sales area. 7.6.5.2 At least one sign that reads as follows, in letters at least 51 mm (2 in.) high on a contrasting background, shall be conspicuously posted at each entrance or within 3.05 m (10 ft) of every aisle directly serving the consumer fireworks retail sales area in a store:

NO SMOKING 7.7 Separation Distances. 7.7.1 Permanent Facilities. 7.7.1.1 New Facilities. New permanent consumer fireworks retail sales facilities shall be separated from adjacent permanent buildings and structures in accordance with Table 7.7.1.1.

7.7.1.2 Existing Facilities. Existing permanent consumer fireworks retail sales facilities shall be separated from adjacent permanent buildings and structures by not less than 3.05 m (10 ft) or shall be separated by a wall with a 1-hour fire resistance rating. 7.7.2 Temporary Facilities. Temporary consumer fireworks retail sales facilities shall be located as specified in Table 7.7.2.

Table 7.7.1.1 Separation Distance for Between Permanent Buildings and Structures

Separation Distance

Exterior Wall Fire

Resistance Rating

Exterior Wall

Opening Protection

Rating m ft (hr) (hr) 10 <3.05 2 1 1/2

> 10 < 60 > 3.05 < 18.3 1 3/4 > 60 > 18.3 0 0

Table 7.7.2 Temporary Consumer Fireworks Retail Sales Facilities — Minimum Separation Distances

Buildings

Combustibles1

Stands

Vehicle Parking

Tents2

Storage of Consumer Fireworks

m ft m ft m ft m ft m ft m ft Tents 6.1 20 6.1 20 6.1 20 3.05 10 6.1 20 6.1 20 Stands3 6.1 20 1.5 5 1.5 5 3.05 10 6.1 20 6.1 20

1 The required clearances to combustibles shall also comply with 7.6.2. 2 Tents refers to temporary consumer fireworks retail sales in tents, canopies, and membrane structures. 3 Stands refers to temporary consumer fireworks retail sales stands.


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7.7.3 Other Separation Distances. 7.7.3.1 Consumer fireworks retail sales facilities and stores shall not be located within 15.2 m (50 ft) of the following:

(1) Motor vehicle fuel-dispensing station dispensers (2) Retail propane-dispensing station dispensers (3) Aboveground storage tanks for flammable or combustible

liquid, flammable gas, or flammable liquefied gas (4) Compressed natural gas dispensing facilities

7.7.3.2 Consumer fireworks retail sales and storage areas shall not be located within 91.2 m (300 ft) of any aboveground bulk storage or bulk dispensing area for the following:

(1) Flammable or combustible liquid (2) Flammable gas (3) Flammable liquefied gas

7.7.3.3 Fuel tanks on vehicles or other motorized equipment shall not be considered bulk storage. 7.7.3.4 Fuel storage for generators shall be in accordance with 7.11.3. 7.8 Means of Egress. 7.8.1 General. Means of egress in permanent consumer fireworks retail sales facilities shall comply with the applicable requirements of NFPA 101, Life Safety Code, as modified by Section 7.8. 7.8.1.1 Means of egress in stores and bulk merchandising retail buildings where the retail sales of consumer fireworks are conducted shall comply with NFPA 101, Life Safety Code, unless otherwise specified in Section 7.8. 7.8.1.2* Means of egress in tents and membrane structures used for consumer fireworks retail sales shall comply with NFPA 101, Life Safety Code, and NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, as modified by Section 7.8. 7.8.1.3 Means of egress in temporary consumer fireworks retail sales stands shall comply with Section 7.8. 7.8.2* Fire Safety and Evacuation Plan for Permanent Facilities. 7.8.2.1 For a permanent consumer fireworks retail sales facility or store, an approved fire safety and evacuation plan shall be prepared in writing and maintained current. 7.8.2.2 The evacuation plan shall be posted in a conspicuous location that is accessible to the general public as well as to persons employed or otherwise working in the facility. 7.8.3 Number of Exits. 7.8.3.1 The minimum number of exits provided from the retail sales area shall be not less than three or as determined in accordance with NFPA 101, Life Safety Code, whichever number is greater. 7.8.3.2 Retail sales areas within Class C stores in which consumer fireworks retail sales are conducted and temporary consumer fireworks retail sales stands shall have a minimum of two exits. 7.8.4 Egress Travel Distance. 7.8.4.1 Exits provided for the retail sales area of tents, membrane structures, canopies and permanent consumer fireworks retail sales facilities, including Class C stores, shall be located so that the maximum egress travel distance, measured from the most remote

point to an exit along the natural and unobstructed path of egress travel, does not exceed 22.9 m (75 ft). 7.8.4.2 Exits provided for temporary fireworks retail sales stands shall be arranged so that the maximum egress travel distance does not exceed 10.6 m (35 ft). 7.8.5 Aisles. Aisles serving as a portion of the exit access in consumer fireworks retail sales facilities or within the consumer fireworks retail sales area of a store shall comply with this subsection. 7.8.5.1 Aisle Width. 7.8.5.1.1 Aisles shall have a minimum clear width of 1.2 m (48 in.). 7.8.5.1.2 The required width of aisles shall be maintained unobstructed at all times the facility is occupied by the general public. 7.8.5.2 Minimum Clear Width. In temporary consumer fireworks retail sales stands where the interior is not accessible to the general public, the minimum clear width of the aisle shall be permitted to be not less than 710 mm (28 in.). 7.8.5.3* Aisle Arrangements. 7.8.5.3.1 Not less than one aisle shall be provided and arranged so that travel along the aisle leads directly to an exit. 7.8.5.3.2 Other required exits shall be located at, or within 3.05 m (10 ft) of, the end of an aisle or cross aisle. 7.8.5.3.3 Aisles shall terminate at an exit, another aisle, or a cross-aisle. 7.8.5.3.4 Dead-end aisles shall be prohibited. 7.8.5.3.5 Where more than one aisle is provided, not less than one cross-aisle shall have an unobstructed connection with every aisle, other than cross-aisles. 7.8.5.3.6 Cross-aisle connections shall be provided for each aisle at intervals not greater than 15.2 m (50 ft) as measured along the aisle. 7.8.5.3.7 Where cross-aisles are required, not less than one cross-aisle shall have at least one end terminate at, or within 3.05 m (10 ft) of, an exit. 7.8.6 Doors and Doorways. Doors and doorways used in the means of egress shall comply with this subsection. 7.8.6.1 Egress doorways shall be not less than 910 mm (36 in.) in width, with a minimum of ____ m (32 in.) in clear width. 7.8.6.2 Exit doorway openings from tents shall have a clear opening width of not less than 1100 mm (44 in.). 7.8.6.3 Egress doors provided for temporary fireworks retail sales stands where the interior is not accessible to the general public shall be permitted to be not less than 710 mm (28 in.) in width. 7.8.6.4 In consumer fireworks retail sales facilities other than temporary stands where the interior is not accessible to the general public, every egress door that has a lock or latching device shall be provided with panic hardware complying with NFPA 101, Life Safety Code. 7.8.6.5 Means of egress doors shall be of the side-hinge swinging type and shall be arranged to swing in the direction of egress travel.


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7.9 Exit Signs and Emergency Lighting. 7.9.1 Exit Signs. 7.9.1.1 Exits shall be marked by an approved exit sign in accordance with NFPA 101, Life Safety Code. 7.9.1.2 Exit signs shall be required to be self-luminous or internally or externally illuminated. 7.9.1.3 Exit signs shall not be required to be illuminated in tents or stands that are not open for business after dusk or in temporary consumer fireworks retail sales stands where the interior is not accessible to the general public. 7.9.2 Emergency Lighting. 7.9.2.1 The means of egress, including the exit discharge, shall be illuminated whenever the facility is occupied in accordance with NFPA 101, Life Safety Code. 7.9.2.2 Emergency lighting shall be provided for consumer fireworks retail sales facilities and stores and shall comply with NFPA 101, Life Safety Code. 7.9.2.3 Emergency lighting shall not be required for tents that are not open for business after dusk or for temporary consumer fireworks retail sales stands where the interior is not accessible to the general public. 7.10* Retail Sales Displays. 7.10.1 General. The requirements of this section shall apply only to consumer fireworks retail sales facilities and stores where the retail sales of consumer fireworks are conducted, unless otherwise specifically indicated. 7.10.2* Height of Sales Displays. Consumer fireworks on display or located on shelves or counters or other fixtures shall not be displayed to a height greater than 1.8 m (6 ft) above the floor surface within the consumer fireworks retail sales area. 7.10.2.1 Where located along the perimeter of the retail sales area, the maximum height of sales displays shall be limited to 3.66 m (12 ft). 7.10.2.2 In temporary consumer fireworks retail sales stands where the interior is not accessible to the general public, the maximum height of sales displays shall be limited to 2.44 m (8 ft). 7.10.3* Flame Breaks. 7.10.3.1 Where continuous displays of merchandise are located on shelving, cases, counters, and similar display fixtures, a flame break shall be provided so that the maximum distance between flame breaks does not exceed 4.9 m (16 ft) where measured along the length of the display. 7.10.3.2 Flame breaks shall not be required in consumer fireworks retail sales facilities or stores protected with an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. 7.10.3.3 The flame break shall extend as follows:

(1) From the display surface to not less than 150 mm (6 in.) above the full height of the displayed merchandise or to the underside of the display surface directly above

(2) For the full depth of the displayed merchandise

7.10.3.4* Where packaged fireworks merchandise is displayed on the same level as individual unpackaged fireworks devices, a flame break shall not be required where both of the following criteria are met:

(1) The continuous length of the packaged fireworks merchandise is not less than 2.4 m (8 ft).

(2) The distance between flame breaks does not exceed 9.8 m (32 ft). 7.10.3.5 Where a merchandise display level contains packaged fireworks merchandise, such merchandise shall be permitted to be displayed in a continuous length on the same level where the display does not exceed 9.8 m (32 ft) without a flame break. 7.10.3.6 An aisle having a minimum width of 1.1 m (44 in.) shall be permitted to substitute for a flame break. 7.10.3.7 Where displays of merchandise face aisles that run along both long sides of the display fixtures or display surface, a flame break shall be installed lengthwise between the abutting display fixtures or along the approximate longitudinal centerline of the display surface so as to separate the merchandise facing one of the aisles from the merchandise that abuts it facing the other aisle. 7.10.3.8 Shelving or other surfaces used to support fireworks display merchandise shall be permitted to have not more than 10 percent of the area of the shelf contain holes or other openings. 7.10.3.9 Temporary consumer fireworks retail sales stands where the interior is not accessible to the general public shall not be required to comply with 7.10.3. 7.10.4 Covered Fuses. Only consumer fireworks meeting the criteria for covered fuses as defined in Section 3.3 or as described in 7.10.4.1 shall be permitted in a facility in which the retail sales of consumer fireworks are conducted. 7.10.4.1 A consumer fireworks device shall also be considered as having a covered fuse if the following criteria are met:

(1) The consumer fireworks device is contained within a packaged arrangement, container, or wrapper.

(2) The packaging, container, or wrapper is arranged and configured such that the fuse of the consumer fireworks device cannot be touched directly by a person handling the fireworks without causing one or more of the following:

a. Puncturing or tearing of the packaging or wrapper b. Unsealing or breaking open of the packaging or container c. Other damage or destruction of the packaging, container,

or wrapper. 7.10.4.2 Individual consumer fireworks items displayed for sale in temporary consumer fireworks retail sales stands where the interior is not accessible to the general public shall not be required to have covered fuses. 7.10.5 Packaged Fireworks. Consumer fireworks displayed for sale in stores shall be permitted to be packaged fireworks merchandise only. 7.11 Equipment. 7.11.1 Electrical Equipment. Battery-powered equipment, electrical equipment, and electrical cords that are used in conjunction with a consumer fireworks retail sales facility or location shall be listed and shall be used in accordance with their listing. 7.11.1.1 Temporary wiring installed in a temporary structure including tents and canopies shall comply with Article 305 of NFPA 70, National Electrical Code.


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7.11.1.2 Where temporary electrical conductors are placed on top of an outdoor surface to connect the permanent power source to the temporary consumer fireworks retail sales facility’s temporary electrical system, the conductors shall be provided with physical protection against damage caused by pedestrian or vehicular traffic. 7.11.2 Temporary Heating Sources. 7.11.2.1 Temporary heating units shall be listed and shall be used in accordance with their listing. 7.11.2.2 Temporary heating sources shall have tip-over and temperature-overheat protection. 7.11.2.3 Open-flame and exposed-element heating devices shall be prohibited. 7.11.3 Generators. Generators supplying power to consumer fireworks retail sales facilities shall use only Class 2 or Class 3 liquid fuels and shall be located not less than 6.1 m (20 ft) from the consumer fireworks retail sales facility. 7.11.3.1 Combustible generator fuel shall be limited to not more than 18.9 L (5 gal) and shall be stored at least 6.1 m (20 ft) from the facility. 7.11.3.2 Generators shall be permitted to use flammable fuel, provided that the quantity of such fuel is limited to 7.6 L (2 gal). 7.11.3.3 Generators and their fuel storage located not less than 15.2 m (50 ft) from the consumer fireworks retail sales facility shall not be limited by 7.11.3 as to the type and quantity of fuel. 7.11.4 Cooking Equipment. Cooking equipment of any type shall not be permitted within 6.1 m (20 ft) of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks. 7.12 Operations. 7.12.1 Temporary Consumer Fireworks Retail Sales Stands. 7.12.1.1 A clear aisle or walkway not less than 711 cm (28 in.) wide shall be maintained inside the full length of temporary consumer fireworks retail sales stands. 7.12.1.2 Customers shall not be permitted inside a temporary consumer fireworks retail sales stand unless it complies with the means of egress requirements in Section 7.8. 7.12.2 Security. 7.12.2.1 Consumer fireworks retail sales facilities shall be secured when unoccupied and not open for business, unless fireworks are not kept in the facility during such times. 7.12.2.2 The fireworks displayed or stored in the facility shall be permitted to be removed and transferred to a temporary storage structure or location. 7.12.3 Personnel. 7.12.3.1 At least one person, age 18 years or older, shall be present at all times in consumer fireworks retail sales facilities and stores during the hours of sale to the public and shall be responsible for the supervision of the facility and its operation. 7.12.3.2 No person under the age of 16 shall be permitted to work within consumer fireworks retail sales facilities and stores unless otherwise permitted by state or local laws, ordinances, or regulations.

7.12.4 Display and Handling. 7.12.4.1 The following shall apply to the sales display of consumer fireworks in temporary consumer retail sales stands that do not allow access to the interior of the stand by the general public:

(1) Consumer fireworks shall be displayed in a manner that prevents the fireworks from being handled by persons other than those operating, supervising, or working in the temporary consumer fireworks retail sales stand.

(2) The handling requirements of 7.12.4.1(1) shall not apply to packaged assortments, boxes, or similarly packaged containers of one or more items, regardless of type. 7.12.4.2 The floor area occupied by the retail displays of consumer fireworks in permanent consumer fireworks retail sales facilities shall not exceed 40 percent of the available floor area within the retail sales area. 7.12.4.3 Not less than 50 percent of the available floor area within the retail sales area shall be open space that is unoccupied by retail displays and used only for aisles and cross-aisles. 7.12.5* Sales to Minors. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to persons under the age of 16, unless the person is accompanied by a responsible person not less than age 18 or as otherwise permitted by local or state laws, ordinances, or regulations. 7.12.6 Signs. 7.12.6.1 Where not otherwise required by local or state laws, ordinances, or regulations, a sign that reads as follows shall be conspicuously posted on the front of each consumer fireworks retail sales facility or at the consumer fireworks retail sales area, and at the point of sale: NO FIREWORKS SALES TO PERSONS UNDER 16. PHOTO ID REQUIRED. 7.12.6.2 A sign that reads as follows, in letters not less than 25 mm (1 in.) high on contrasting background, shall be conspicuously posted at each entrance to the consumer fireworks retail sales area in consumer fireworks retail sales facilities and stores in which the general public has access to the interior: PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER THE SUPERVISION OF, A RESPONSIBLE PERSON OF AT LEAST 18. 7.12.7* Training. All personnel handling consumer fireworks shall receive safety training related to the performance of their duties. 7.12.8 Under the Influence. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs. Chapter 8 Transportation of Fireworks, Pyrotechnic Articles, and Any

Component(s) Containing Pyrotechnic or Explosive Materials on Public Highways

8.1 General Requirements. Transportation of fireworks, pyrotechnic articles, and any component(s) containing pyrotechnic or explosive materials shall meet all applicable requirements of the U.S. Department of Transportation (U.S. DOT), 49 CFR, 170 to end, and any applicable local, state, or international requirements.


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Annex A Explanatory Material Annex A is not a part of the requirements of this NFPA document but is included for informational purposes only. This annex contains explanatory material, numbered to correspond with the applicable text paragraphs. A.3.2.1 Approved. The National Fire Protection Association does not approve, inspect, or certify any installations, procedures, equipment, or materials; nor does it approve or evaluate testing laboratories. In determining the acceptability of installations, procedures, equipment, or materials, the authority having jurisdiction may base acceptance on compliance with NFPA or other appropriate standards. In the absence of such standards, said authority may require evidence of proper installation, procedure, or use. The authority having jurisdiction may also refer to the listings or labeling practices of an organization that is concerned with product evaluations and is thus in a position to determine compliance with appropriate standards for the current production of listed items. A.3.2.2 Authority Having Jurisdiction. The phrase “authority having jurisdiction” is used in NFPA documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction. A.3.2.3 Code. The decision to designate a standard as a “code” is based on such factors as the size and scope of the document, its intended use and form of adoption, and whether it contains substantial enforcement and administrative provisions. A.3.2.5 Listed. The means for identifying listed equipment may vary for each organization concerned with product evaluation; some organizations do not recognize equipment as listed unless it is also labeled. The authority having jurisdiction should utilize the system employed by the listing organization to identify a listed product. A.3.3.1 Aerial Shell. The shells are most commonly 76-mm to 152-mm (3-in. to 6-in.) outside diameter and are fired from mortars. Upon firing of the shell, the fuse and lift charge are consumed. A.3.3.5.3 Screen Barricade. Such barricades can be constructed of metal roofing, 6-mm to 13-mm (1/4-in. to ½-in.) mesh screen, or equivalent material. A.3.3.7 Binary System. The ingredients for such a system are shipped separately as an oxidizer and a fuel. The ingredients do not become a pyrotechnic material until they are mixed. A.3.3.9.1 Bulk Merchandising Retail Building. A bulk merchandising retail building is considered to be a store, as defined in Section 3.1. Thus, a bulk merchandising retail building also needs to be classified as a Class A, Class B, or Class C mercantile occupancy (store) in order to apply this code. These facilities are usually called “big box” stores within the retail sales industry. Their interiors look like a cross between a rack storage warehouse and a department store. A.3.3.9.3 Mechanical Building. A mechanical building is intended to be an unoccupied building. A.3.3.9.4 Mixing Building. This definition does not apply to wet sparkler mix preparation.

A.3.3.9.5 Nonprocess Building. A pyrotechnic laboratory is considered to be a nonprocess building, but it is subject to the required separation distances for a consumer fireworks process building. A.3.3.9.6 Process Building. A process building is also any building at a manufacturing facility where consumer fireworks are prepared for shipment. Examples of operations performed in a process building include, but are not limited to, the following:

(1) Assembling (2) Mixing (3) Pressing (4) Drying of fireworks or pyrotechnic articles or their

compositions (5) Any combination of the operations in A.3.3.9.6(1) through (4)

A.3.3.9.9 Unoccupied Building. An unoccupied building can be used for long-term storage of materials acceptable to the authority having jurisdiction, provided that no fireworks or pyrotechnic composition is stored within the building. A.3.3.19 Consumer Fireworks Retail Sales Stand. 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. A.3.3.20 Covered Fuse. The purpose of the covered fuse is to minimize the accidental ignition of fireworks in a retail display by a lighted cigarette or a match, a cigarette lighter, or similar small open flame, as well as to reduce the potential for the rapid involvement of fireworks in, and the subsequent acceleration of, a fire originating within a retail display of consumer fireworks. Protection of the fuse can be provided by means of tape covering the exposed (ignitible) end of a safety fuse or by covering the fuse or the entire fireworks device or group of fireworks devices with paper, plastic, cardboard, paperboard, or similar or equivalent materials. Examples of covered fuses of fireworks devices include those contained within prepackaged assortments, multi-item packages, and similar retail merchandise arrangements that are displayed within unopened and unperforated containers so that they are not exposed to view, or they are covered with, or are contained within, plastic wrap, paper, paperboard, cardboard, or other types of wrapping or packaging materials designed to prevent the fuses from coming into direct contact with an ignition source. A.3.3.23 Explosive. U.S. Department of Transportation Revisions of Explosive Materials Transport Regulations.

On December 21, 1990, the U.S. Department of Transportation (U.S. DOT) issued a final rule that revised 49 CFR, 171 to 180, “Hazardous Materials Regulations.”

These regulations cover the classification, packaging, and shipping of explosives (including blasting agents), oxidizers (ammonium nitrate), flammable liquids, and flammable solids.

Essentially, the U.S. DOT has revised the U.S. hazardous materials regulations so that they conform with international regulations, which are based on the United Nations Recommendations on the Transport of Dangerous Goods. The revised regulations are designed to standardize testing and classification procedures, nomenclature, packaging, labeling, placarding, and handling and to eliminate inconsistencies that currently exist between the U.S. (domestic) and UN (international) standards.

The most important change affecting the user of explosive materials is the elimination of Class A, Class B, and Class C explosives and blasting agents. Under the UN recommendations, all explosive materials are Class 1 explosives. Class 1 explosives include six divisions as follows:

(1) Division 1.1 includes explosives that have a mass explosion hazard.

(2) Division 1.2 includes explosives that have a projection hazard but not a mass explosion hazard.


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(3) Division 1.3 includes explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard, or both, but not a mass explosion hazard.

(4) Division 1.4 includes explosive devices that contain not more than 25 g (0.9 oz) of a detonating material and present a minor explosion hazard.

(5) Division 1.5 includes very insensitive explosives that have a mass explosion hazard but are so insensitive that there is little probability of initiation or of transition from burning to detonation under normal conditions of transport.

(6) Division 1.6 includes extremely insensitive articles that do not have a mass explosion hazard, and articles that demonstrate a negligible probability of accidental initiation or propagation (no applicable hazard class).

The classification code for an explosive consists of the division

number followed by the compatibility group letter. Compatibility group letters designate the controls for the transportation, and storage related thereto, of explosives and to prevent an increase in hazard that might result if certain types of explosives are stored or transported together.

Compatibility groups and classification codes for the various types of explosives are set forth in Tables A.3.3.23(a) and (b). Table A.3.3.23(a) sets forth compatibility groups and classification codes for substances and articles described in the first column of the table. Table A.3.3.23(b) specifies the number of classification codes that are possible within each explosive division. Altogether, there are 35 possible classification codes for explosives.

For comparative purposes, the classification of explosive materials under the UN recommendations and the current U.S. DOT system is provided as follows:

(1) Division 1.1, Class A explosives include dynamite, cast boosters,

cap sensitive emulsions, water gels and slurries, and Class A detonators.

(2) Division 1.2, Class A or Class B explosives are generally ammunition or material that has a projection hazard.

(3) Division 1.3, Class B explosives are generally propellants or explosives that have a fire hazard but not a mass detonation hazard.

(4) Division 1.4, Class C explosives include Class C detonators, safety fuses, and other Class C explosives.

(5) Division 1.5 is comprised of blasting agents that include ammonium nitrate/fuel oil, noncap-sensitive emulsions, water gels, slurries, and packaged blasting agents.

(6) Division 1.6 has no compatibility group designation, since, currently, no commercial explosives exist in Division 1.6.

In the UN system, oxidizers and organic peroxides form Class 5.

For example, ammonium nitrate, an oxidizer, is classified as 5.1 (Class 5, Division 1). Flammable and combustible liquids (fuel oils) are Class 3, and flammable solids are Class 4.

To determine the proper classification of an explosive, criteria (class and division) and test procedures have been set up in the UN recommendations. The criteria and testing initially determine whether a material is an explosive and subsequently the hazard division for the material is determined.

In addition to the class and division number, every explosive under

the UN recommendations has a proper shipping name and a four-digit identification number. Under this regulation, shipping cases are required to show the proper shipping name and the identification number.

The UN Recommendations on the Shipment of Dangerous Goods became effective October 1, 1991.

A.3.3.25.2 Manufacturing Facility. The following operations are not considered to be manufacturing where performed in a separate building or area:

(1) Assembly of display pieces from finished pyrotechnic articles classed as Explosive 1.4

(2) Minor repairs or modification of consumer fireworks not involving exposed pyrotechnic material

(3) Packing of finished consumer fireworks into consumer fireworks assortments

(4) Attachment of electric matches and minor repairs to display fireworks and pyrotechnic articles A.3.3.26 Fireworks. Toy caps for use in toy pistols, toy canes, toy guns, and novelties and trick noisemakers are not considered to be fireworks (see Annex C) . The regulations referred to limit the explosive content of each toy cap to not more than an average of 16.2 mg (0.25 gr). Also, each package containing such caps has to be labeled to indicate the maximum explosive content per cap. For information on the use of model rockets and model rocket motors, see NFPA 1122, Code for Model Rocketry. Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models are not considered to be fireworks.

A.3.3.26.2 Consumer Fireworks. Consumer fireworks are normally classed 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 50 mg (0.8 gr) or less of explosive composition (salute powder), and aerial devices containing 130 mg (2 gr) or less of explosive composition (salute powder) per explosive unit. Consumer fireworks contain limited quantities of pyrotechnic composition per unit and do not pose a mass explosion hazard where stored. Therefore, they are not required to be stored in a magazine.

A.3.3.26.3 Display Fireworks. Display fireworks are described as Fireworks, UN 0335 and are classed as Explosives, 1.3G by the U.S. Department of Transportation (U.S. DOT) (see Annex C).

Display fireworks include, but are not limited to, the following: (1) Salutes containing more than 130 mg (2 gr) of explosive

composition (salute powder) (2) Aerial shells containing more than 60 g (2.1 oz) of total

pyrotechnic and explosive composition (3) Other display pieces that exceed the limits for classification as

consumer fireworks.

A.3.3.29 Fuel. Fuel is an ingredient of pyrotechnic materials. A.3.3.34 Manufacture. The following operations are not considered to be manufacturing where performed in a separate building or area:

(1) Assembly of display pieces from finished pyrotechnic articles classed as Explosive 1.4

(2) Minor repairs or modification of consumer fireworks not involving exposed pyrotechnic material

(3) Packing of finished consumer fireworks into consumer fireworks assortments

(4) Attachment of electric matches and minor repairs to display fireworks and pyrotechnic articles A.3.3.36.2 Bullet-Sensitive Explosive Material. The test material is at a temperature of 21°C to 24°C (70°F to 75°F) and is placed against a 12.7-mm (1/2-in.) steel plate. A.3.3.36.5 Pyrotechnic Material (Pyrotechnic Special Effects Material). Such a chemical mixture consists predominantly of solids capable of producing a controlled, self-sustaining, self-contained exothermic chemical reaction that results in heat, gas, sound, or light, or a combination of these effects. The chemical reaction functions without external oxygen.


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Table A.3.3.23(a) Classification Codes Substance or Article to Be Classified Compatibility

Group Classification

Code Primary explosive substance A 1.1A Article containing a primary explosive substance and not containing two or more effective

protective features B 1.1B, 1.2B, 1.4B

Propellant explosive substance or other deflagrating explosive substance or article

containing such explosive substance C 1.1C, 1.2C, 1.3C, 1.4C

Secondary detonating explosive substance or black powder or article containing a

secondary detonating explosive substance, in each case without means of initiation and without a propelling charge; or article containing a primary explosive substance and containing two or more effective protective features

D 1.1D, 1.2D, 1.4D, 1.5D

Article containing a secondary detonating explosive substance, without means of

initiation, with a propelling charge (other than one containing flammable liquid or hypergolic liquid)

E 1.1E, 1.2E, 1.4E

Article containing a secondary detonating explosive substance, with its means of

initiation, with a propelling charge (other than one containing flammable liquid or hypergolic liquid) or without a propelling charge

F 1.1F, 1.2F, 1.3F, 1.4F

Pyrotechnic substance or article containing a pyrotechnic substance, or article containing

both an explosive substance and an illuminating, incendiary, tear-producing or smoke-producing substance (other than a water-activated article or an article containing white phosphorus, phosphide, or flammable liquid or gel, or hypergolic liquid)

G 1.1G, 1.2G, 1.3G, 1.4G

Article containing both an explosive substance and white phosphorus H 1.2H, 1.3H, 1.1J, 1.2J Article containing both an explosive substance and flammable liquid or gel J 1.3J Article containing both an explosive substance and a toxic chemical agent K 1.2K, 1.3K, 1.1L, 1.2L Explosive substance or article containing an explosive substance and presenting a special

risk (e.g., due to water activation or presence of hypergolic liquids, phosphides, or pyrophoric substances) that requires isolation of each type

L 1.3L

Article containing only extremely insensitive detonating substances N 1.6N Substance or article so packed or designed that any hazardous effects arising from

accidental functioning are limited to the extent that they do not significantly hinder or prohibit fire fighting or other emergency response efforts in the immediate vicinity of the package

S 1.4S

Table A.3.3.23(b) Scheme of Classification of Explosives, Combination of Hazard Division with Compatibility Group Compatibility Group Hazard Division

A

B

C

D

E

F

G

H

J

K

L

N

S

1.1 1.1A 1.1B 1.1C 1.1D 1.1E 1.1F 1.1G 1.1J 1.1L 1.2 1.2B 1.2C 1.2D 1.2E 1.2F 1.2G 1.2H 1.2J 1.2K 1.2L 1.3 1.3C 1.3F 1.3G 1.3H 1.3J 1.3K 1.3L 1.4 1.4B 1.4C 1.4D 1.4E 1.4F 1.4G 1.4S 1.5 1.5D 1.6 1.6N


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A.3.3.43 Novelties and Trick Noisemakers. For further information, see Annex C. A.3.3.44 Oxidizer. Where such a chemical decomposes, it releases oxygen. In addition to ionic solids, an oxidizer can be a material having covalent molecules containing halogen atoms. An oxidizer is an ingredient of pyrotechnic materials. A.3.3.49 Prepackaged Fireworks Merchandise. Prepackaged fireworks merchandise are 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. A.3.3.55 Pyrotechnic Laboratory. A pyrotechnic laboratory typically processes small batches of chemicals and compositions, manufactures prototypes, or conducts a variety of tests and analyses. See Process Building, Section 3.3, and 4.9.9. A.3.3.67 Stars. Stars burn while in the air, producing color or streamer effects. A.3.3.69 Store. Stores are subclassified as Class A, Class B, or Class C in accordance with NFPA 101, Life Safety Code. A.4.5.2 For information on the use of conductive surfaces to minimize the hazard of static electricity, see 12.4.1 of NFPA 99, Standard for Health Care Facilities. A.4.5.5.1 In general, the wall having the largest area should be chosen to provide explosion relief. The entire area of the wall should be utilized. The term weakwall is used to describe the relative strength of the explosion-relieving wall as compared to the rest of the building. A.4.7.1(3) A bullet-resistant roof should be constructed according to any of the specifications in Annex B. A bullet-resistant ceiling should be constructed at the eave line, covering the entire area of the magazine, except for the necessary ventilation space. Examples of bullet-resistant ceiling construction include the following:

(1) Any construction meeting the specifications in Annex B (2) A sand tray having a sand depth of at least 101.6 mm (4 in.)

A.4.9.3.1 The use of barricades is highly recommended. A.4.10 The maximum quantity of salute powder that is permitted in any process building or area is 4.5 kg (10 lb). A.4.11.2 Where sufficient separation distances exist, the Regional Director of the Bureau of Alcohol, Tobacco and Firearms can grant a variance from this requirement upon written request. A.4.12.2.3 Smoking materials include matches, lighters, cigarettes, cigars, and pipes. A.4.12.5 Care should be exercised, since some oxidizers are mutually incompatible. The NFPA Fire Protection Guide to Hazardous Materials, which contains the former NFPA 491, Guide to Hazardous Chemical Reactions, lists many oxidizers and other materials that result in hazardous interactions. Oxidizers commonly include nitrates, chlorates, and perchlorates.

A.4.12.6 Where practicable, nonsparking machinery and tooling should be used. To the extent practical, ferrous metals should be covered with nonsparking coatings such as epoxy paint. A.4.15.1 This requirement minimizes personnel exposure and is distinct from any requirement on maximum building occupancy that might exist in local ordinances. A.4.17.5 Pile heights should be limited to 3.7 m (12 ft). Aisle widths should be equivalent to pile heights. For information on general storage requirements, see NFPA 230, Standard for the Fire Protection of Storage. For information on rack storage, see NFPA 13, Standard for the Installation of Sprinkler Systems. A.4.17.12 Water is the best means of fighting a fire involving consumer fireworks. Suffocation methods and dry chemical extinguishers are not as effective, since consumer fireworks compositions contain their own oxygen. A water-charged extinguisher or a supply of water, such as a spigot and hose or a barrel of water, should be readily available to fight incipient fires. If stored consumer fireworks become heavily involved in a fire, employees should evacuate the area. The quantity of consumer fireworks in storage and the location of the storage building with respect to adjacent buildings and combustible materials should be considered in evaluating the type and amount of portable fire-fighting equipment that should be available. A.4.19.5.2(3) As a minimum, each shell should bear a label containing the following information:

(1) Description of the size of the shell [for example, 76-mm (3-in.) shell]

(2) Description of the type of shell (for example, 2-break with report)

(3) Warning statement that reads as follows: WARNING: DANGEROUS EXPLOSIVE. IF FOUND, DO NOT

HANDLE. CONTACT LOCAL FIRE OR POLICE DEPARTMENT. (4) Name and location of the business of the manufacturer,

importer, or distributor, with conspicuous labeling as follows: a. The following statement should be printed in capital letters

at least 3 mm ( 1/8 in.) high and be underlined: WARNING: DANGEROUS EXPLOSIVE b. The remaining printed matter does not need to be printed

in capital letters, but the letters should be at least 3 mm (1/8 in.) high.

c. The required statements should be printed in a color that contrasts sharply with the background and should be printed within a borderline.

d. The label should be at least 58 cm2 (9 in.2), unless the size of the shell is too small to accommodate a label of such size, in which case the label should be reduced to a size no smaller than necessary. A.5.2.2 Corresponding grades and brands of explosive materials should be stored together so that brand and grade markings are readily visible. All stock should be stored so it can be easily counted and checked. A.5.2.3 Where explosive materials are removed from the magazine for use, the oldest stock should be used first. A.5.2.5 Open containers of explosive materials should be closed securely before being returned to a magazine. No container without a closed lid should be stored in a magazine. A.6.2.3 Net weight equals the net weight of all pyrotechnic and explosive compositions and fuse only. For display fireworks, approximately 50 percent of the gross weight of the fireworks equals the net weight of composition and fuse.


1807

A.7.6.1 An approved fire apparatus access is generally considered to be a paved road or other suitable all-weather surface, such as gravel or compacted earth, that can accommodate a typical fire department vehicle such as a pumper. Such access is not required to be a public street or alley but it is to be laid out and designed so that it can be readily used by the responding fire department under all weather conditions without unduly impeding the fire department’s access to the facility. A.7.8.1.2 NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, has been referenced for the purpose of determining the requirements for the means of egress in tents and membrane structures, except as modified by Section 7.8 for special requirements for the retail sales of consumer fireworks. It should be noted that although 9.2.5 of NFPA 102 prohibits fireworks in any tent or temporary membrane structure, the intent is to prohibit the use, discharge, or ignition of fireworks within the tent or temporary membrane structure, since unauthorized open flames are also prohibited in the same subsection. Consumer fireworks in and of themselves do not pose an unusual fire hazard when stored or placed on display for retail sales within a tent or temporary membrane structure unless they are actually ignited or discharged. Chapter 7 of this code contains several provisions that specifically deal with how fireworks can be safely displayed or stored in tents or temporary membrane structures for the purpose of selling them at retail. The intent of the requirements of Chapter 7 is to minimize the fire hazard associated with such fireworks. A.7.8.2 Fire safety and evacuation plans should be prepared by the owner or operator of the consumer fireworks retail sales facility or store in consultation with the authority having jurisdiction. A.7.8.5.3 The purpose of 7.8.5.3 is to ensure that a readily available path of travel is provided to reach the required exits and that such travel can occur under emergency conditions without significant impedance by the aisle arrangement. In fact, cross-aisles are required to facilitate access to alternate aisles and paths of travel in case an aisle or path of travel is blocked by an incident. An example of how the requirements of 7.8.5.3 would be implemented for the design of an exit access aisle system in a consumer fireworks retail sales facility is shown in Figure A.7.8.5.3. A.7.10 Consumer fireworks sealed in packaging meeting U.S. DOT standards for shipping would not be considered to be on display. A.7.10.2 The ability to view of the entire retail sales area is important for several reasons. For employees, such visibility allows easier supervision of the customers and helps to minimize the possibility of malicious mischief, such as the willful setting of fires in the fireworks merchandise displays. It also allows employees to quickly observe and respond to an incipient fire condition. Response might include the following:

(1) Evacuation of the occupants (2) Notification of the local fire department (3) Initiation of a fire attack using the fire extinguishers in the facility,

provided that the fire is still small enough

For the customers, such visibility allows them also to quickly see a developing fire condition and react accordingly. Exits and their corresponding paths of travel are more easily observed, thus minimizing panic and facilitating evacuation in a timely manner. Full visibility can be easily achieved by keeping the height of displays and displayed merchandise within the retail sales area below adult eye level. Where displays located around the perimeter of the retail sales area don’t impact the ability to view the area, it is not necessary to limit their height. However, if it is desirable to have higher displays of merchandise within the retail sales area, equivalent means of achieving full visibility should be employed, such as the use of unobstructed surveillance mirrors strategically located throughout the sales area or the addition of more employees who can walk the sales floor and monitor the customers.

Figure A.7.8.5.3 Typical design for exit access aisle system in consumer fireworks retail sales facility.

A.7.10.3 Flame breaks can be constructed of any of the following:

(1) Sheet steel (2) Sheet aluminum not less than 0.25 mm (0.010 in.) thick (3) Hardboard not less than 3 mm (1/8 in.) thick (4) Gypsum board not less than 10 mm (3/8 in.) thick (5) Wood panels not less than 3 mm (1/8 in.) thick (6) Plywood not less than 6 mm (1/4 in.) thick (7) Particleboard not less than 6 mm (1/4 in.) thick (8) Cement fiberboard (9) Plastic laminate not less than 3 mm (1/8 in.) thick (10) Safety glass not less than 3 mm (1/8 in.) thick (11) Other approved material Where installed within a retail display fixture containing consumer

fireworks, the flame break should impede or retard the rapid spread of an incipient fire involving the fireworks and their packaging materials as any of the following occurs:

(1) The fire progresses along a display level or shelf (2) The fire attacks another display level or shelf above (3) The fire attacks another display fixture abutting the display fixture

of origin.

30.5 m(100 ft)

1117.6 m(44 in.)[min]

15.24 m (50 ft)


1808

As a result of installing flame breaks to impede fire spread, the quantity and rate of smoke production can be retarded as well. Thus, flame breaks can provide the building occupants with additional time to react to an incipient fire and safely evacuate the building. A.7.10.3.2 The purpose of specifying prepackaged fireworks merchandise is to permit such merchandise to be used in longer lengths of displays of consumer fireworks without the installation of a flame break. It is presumed that prepackaged fireworks merchandise do not readily ignite when exposed to a fire developing within the retail display area merchandise and do not readily contribute to or accelerate a fire that might spread along the surface of a display. Since the purpose of a flame break is to slow down the rapid spread of a fire involving a retail display of consumer fireworks to allow occupants time to react and evacuate the immediate area, properly prepackaged fireworks merchandise can also serve the purpose of a flame break. For a description of prepackaged fireworks merchandise, see A.3.3.20, Covered Fuse. A.7.12.5 Any person selling consumer fireworks should require proof of age of any fireworks purchaser as evidenced by a driver’s license, passport, photo identification card, or similar official document with photo that indicates date of birth and has been issued by a public or private school or municipal, county, state, federal, or foreign government. A.7.12.7 Training might be required by the U.S. Department of Transportation or the Occupational Safety and Health Administration as appropriate for the purpose of being employed in the operation of a consumer fireworks retail sales or storage facility.

Annex B Magazine Construction This annex is not a part of the requirements of this NFPA document but is included for informational purposes only. B.1 General. Magazines constructed in accordance with the following minimum specifications are approved as bullet resistant. All steel and wood dimensions are actual thickness; concrete block and brick dimensions are nominal. B.2 Steel Exterior. The steel exterior of a magazine should be constructed of one of the following:

(1) 16-mm (5/8-in.) steel with an interior lining of nonsparking material

(2) 13-mm (1/2-in.) steel with an interior lining of at least 9.5-mm (3/8-in.) plywood

(3) 9.5-mm (3/8-in.) steel lined with one of the following materials:

a. 50.8-mm (2-in.) hardwood b. 76.2-mm (3-in.) softwood c. 57.2-mm (2-in.) plywood


a. 76.2-mm (3-in.) hardwood b. 127-mm (5-in.) softwood c. 133.4-mm (5 ¼-in.) plywood d. 38.1-mm (1 ½-in.) plywood with an intermediate layer of

50.8-mm (2-in.) of hardwood (5) 4.8-mm (3/16-in.) steel lined with one of the following

materials: a. 101.6-mm (4-in.) hardwood b. 177.8-mm (7-in.) softwood c. 171.5-mm (6 ¾-in.) plywood d. 19.1-mm (3/4-in.) plywood with an intermediate layer of

76.2-mm (3-in.) of hardwood


a. 127-mm (5-in.) hardwood b. 228.6-mm (9-in.) softwood c. 19.1-mm (3/4-in.) plywood with an intermediate layer of

101.6-mm (4-in.) of hardwood d. Two layers of 19.1-mm (3/4 -in.) plywood with an

intermediate layer of 92.1-mm (3 5/8-in.), well-tamped, dry sand or sand/cement mixture B.3 Fire-Resistant Exterior. The exterior of any type of fire-resistant material in a magazine should include one of the following to be considered structurally sound:

(1) Interior lining of 13-mm (1/2 -in.) plywood placed securely against an intermediate 101.6-mm (4-in.) thick layer of solid concrete block, solid brick, or solid concrete

(2) Interior lining of 19-mm (3/4 -in.) plywood and all of the following:

a. A first intermediate layer of 19-mm (3/4 -in.) plywood b. A second intermediate layer of 92.1-mm (3 5/8-in.), well-

tamped, dry sand or sand/cement mixture c. A third intermediate layer of 19-mm (3/4 -in.) plywood d. A fourth intermediate layer of 50.8-mm (2-in.) hardwood or

14-gauge steel (3) Intermediate 152.4-mm (6-in.) space filled with well-tamped,

dry sand or sand/cement mixture B.4 Masonry Exterior. The masonry exterior of a magazine should be constructed of one of the following:

(1) Standard 203.2-mm (8-in.) concrete block with voids filled with well-tamped, dry sand or sand/cement mixture

(2) Standard 203.2-mm (8-in.) solid brick (3) Solid concrete of 203.2 mm (8 in.) (4) Two layers of 101.6-mm (4-in.) concrete block

Annex C Extract from American Pyrotechnics Association Standard

87-1, Standard for Construction and Approval for Transportation of Fireworks

This annex is not a part of the requirements of this NFPA document but is included for informational purposes only.

NOTE: Paragraphs in this annex that apply to approval by the U.S. Department of Transportation (U.S. DOT) for transportation of fireworks are indicated by a dagger (†) preceding the paragraph number.

C.1 Introduction. †C.1.1 This annex provides manufacturers, importers, and distributors of fireworks and novelties information to assist them in manufacturing, testing, shipping, and labeling the products of the fireworks industry in accordance with applicable federal laws and current good manufacturing practices. C.1.2 The information in this annex should enable manufacturers, importers, and distributors of fireworks and novelties to provide their customers with products that can be transported and used safely and without unreasonable risk. †C.1.3 Fireworks and novelties are not acceptable for transportation within the jurisdiction of the United States unless they are classed, packaged, labeled, and marked and are in proper condition for shipment in accordance with the U.S. DOT regulations in Title 49, CFR. See Section C.5 of this annex for further discussion.


1809

C.1.4 Consumer fireworks (fireworks classed as 1.4G and 1.4S, formerly Common Fireworks) and novelties are not acceptable for sale to the public unless they are manufactured, labeled, and sold in conformance with the regulations of the U.S. Consumer Product Safety Commission (CPSC) published in Title 16, CFR. See Section C.3 of this annex for further discussion.

NOTE: Consumer fireworks are normally classed as 1.4G but can be classed by U.S. DOT as 1.4S on the basis of specific test results.

C.1.5 United States laws and regulations prescribe mandatory requirements that a person must follow in order to market certain products. In these instances, failure to comply can be regarded by courts as negligence per se in product liability litigation. †C.1.6 This annex applies to fireworks devices and novelties for entertainment purposes. C.2 Definitions. †C.2.1 Approval. For purposes of this annex, approval means the assignment of proper hazard class, EX number, and proper shipping name by the U.S. DOT so that fireworks and novelties can be transported under conditions specified in Title 49, CFR. See Section C.5 of this annex for details. †C.2.2 Black Match. A fuse made from thread impregnated with black powder and used for igniting pyrotechnic devices. Black match is classed as 1.3G and described as “Fuse, Instantaneous, non-detonating UN0101” or “Quick match UN0101.” †C.2.3 Blowout. The unintended release of a pressure effect from other than the intended orifice of a fireworks device. Examples include expulsion of the bottom plug of a roman candle, expulsion of the clay choke of a fountain, or the rupturing of the wall of a mine or shell. †C.2.4 Burnout. The unintended escape of flame through the wall of a pyrotechnic chamber during functioning of a fireworks device. †C.2.5 Chemical Composition. All pyrotechnic and explosive composition contained in a fireworks device. Inert materials such as clay used for plugs, or organic matter such as rice hulls used for density control, are not considered to be chemical composition. †C.2.5.1 Explosive Composition. Any chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device. †C.2.5.2 Pyrotechnic Composition. A chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights, or whistles or motion. †C.2.6 Fireworks. Any device, other than a novelty, intended to produce visible or audible effects, or both, by combustion, deflagration, or detonation. Fireworks are further described as “Fireworks UN0336” or “Fireworks UN0337” (formerly Common Fireworks and now referred to in this document as Consumer Fireworks), “Forbidden Fireworks,” or “Fireworks UN0335” (formerly Special Fireworks and now referred to in this document as Display Fireworks).

NOTE: Propelling and expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as designed to produce audible effects.

†C.2.6.1 Consumer Fireworks (formerly Common Fireworks). Any fireworks device for use by the public that complies with the construction, performance, composition, and labeling requirements

promulgated by the U.S. Consumer Product Safety Commission (CPSC) in Title 16, CFR, in addition to any limits and other requirements of this document. See Section C.3 of this annex for details. †C.2.6.2 Display Fireworks (formerly Special Fireworks). Fireworks devices primarily intended for commercial displays that are designed to produce visible or audible effects, or both, by combustion, deflagration, or detonation, including, but not limited to, salutes containing more than 2 grains (130 mg) of explosive composition; aerial shells containing more than 1.4 oz (40 g) of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits contained in this document for consumer fireworks. Certain devices intended for signaling, illuminating, and incendiary purposes and formerly classed as Special Fireworks no longer fall into this fireworks category. See Section C.4 of this annex for details. †C.2.6.3 Theatrical Pyrotechnics. Pyrotechnic devices for professional use in the entertainment industry similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and containing only chemicals shown in Table C.4.3.1 can be approved under the provisions of this document and classified as “Article, Pyrotechnic, 1.4G, UN0431.”

NOTE: Theatrical pyrotechnics devices can be classed as “Article, Pyrotechnic, 1.4S, UN0432” by U.S. DOT on the basis of specific test results.

†C.2.7 Labeling. A display of written, printed, or graphic matter upon a fireworks device(s) or upon the immediate container of any such device(s), or both. Included are diamond-shaped labels required by U.S. DOT to be displayed on outside packaging for transportation purposes. The term also includes any identification, cautions, and other information required by this document or by any federal government agency. †C.2.8 Marking. The application of the proper shipping name, identification number (UN number), instructions, cautions, weight, or specification mark or combination thereof to a package of hazardous material. Marking also includes any required specification mark on the inside or outside of a shipping container. †C.2.9 Novelty. A device containing small amounts of pyrotechnic or explosive composition, or both, but not described as consumer fireworks. Such devices produce limited visible or audible effects. These items shall be classed as 1.4G, unless classed as 1.4S or deregulated as a hazardous material by U.S. DOT on the basis of specific test results. †C.2.10 Placard. A warning symbol of a square-on-point configuration mounted on each side and each end of a truck, rail car, or freight container that informs the public and emergency personnel of the hazardous nature of the cargo, as specified in Title 49, CFR, Part 172. †C.2.11 Quick Match (Instantaneous Fuse). Black match that is encased in a loose-fitting paper sheath to make it burn extremely rapidly. Quick match is used for aerial shells and for simultaneous ignition of a number of pyrotechnic devices, such as lances in a ground display piece. Quick match is classed as 1.3G and described as “Fuse, instantaneous, non-detonating” or “Quick match,” and assigned identification number “UN0101.” †C.2.12 Safety Fuse. A fuse consisting of a thread-wrapped black powder train that has been coated with a water-resistant material. Such fuse is typically 3/32 in. (2.4 mm) in outside diameter and frequently green in color. Safety Fuse is described as “Fuse, Safety UN0105” and classed as 1.4S.


1810

C.3 Requirements for Consumer Fireworks, Novelties, and Theatrical Pyrotechnics.

NOTE 1: Devices in this category, formerly classed as Class C Explosive, Common Fireworks, are now classed as “Fireworks 1.4G” under the UN system, and referred to in this document as Consumer Fireworks.

NOTE 2: Devices intended for non-consumer use in the entertainment industry that meet the chemical composition requirements of this annex can be classed as 1.4G and described as “Article, Pyrotechnic UN0431” under the provisions of this document but are not required to comply with the fuse, construction, and labeling requirements of this annex.

†C.3.1 Types of Consumer Fireworks. The following fireworks devices are subject to the requirements of Section C.3 of this annex. C.3.1.1 Ground and Hand-Held Sparkling and Smoke Devices. C.3.1.1.1 Cylindrical Fountain. Cylindrical tube containing not more than 2.6 oz (75 g) of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device can be provided with a spike for insertion into the ground (Spike Fountain), a wood or plastic base for placing on the ground (Base Fountain), or a wood or cardboard handle to be hand-held (Handle Fountain). Where more than one tube is mounted on a common base, total pyrotechnic composition cannot exceed 7.1 oz (200 g). †C.3.1.1.2 Cone Fountain. Cardboard or heavy paper cone containing not more than 1.8 oz (50 g) of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. Where more than one cone is mounted on a common base, total pyrotechnic composition cannot exceed 7.1 oz (200 g). †C.3.1.1.3 Illuminating Torch. Cylindrical tube containing not more than 3.5 oz (100 g) of pyrotechnic composition that produces a colored flame upon ignition. Can be spike, base, or hand-held. Where more than one tube is mounted on a common base, total pyrotechnic composition cannot exceed 7.1 oz (200 g). †C.3.1.1.4 Wheel. Pyrotechnic device intended to be attached to a post or tree by means of a nail or string. Can have one or more drivers, each of which can contain not more than 2.1 oz (60 g) of pyrotechnic composition. No wheel can contain more than 7.1 oz (200 g) total pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect. †C.3.1.1.5 Ground Spinner. Small device containing not more than 0.7 oz (20 g) of pyrotechnic composition, venting out an orifice usually on the side of the tube. Similar in operation to a wheel but intended to be placed flat on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. †C.3.1.1.6 Flitter Sparkler. Narrow paper tube attached to a stick or wire and filled with not more than 0.2 oz (5 g) of pyrotechnic composition that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function. †C.3.1.1.7 Toy Smoke Device. Small plastic or paper item containing not more than 3.5 oz (100 g) pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect. (These devices, where complying with the provisions of this annex, are classed as 1.4G unless classed as 1.4S or not regulated as an explosive by U.S. DOT on the basis of specific test results.)

C.3.1.2 Aerial Devices. †C.3.1.2.1 Sky Rockets and Bottle Rockets. Cylindrical tube containing not more than 0.7 oz (20 g) of chemical composition with a wooden stick attached for guidance and stability. Rockets rise into the air upon ignition. A burst of color or sound, or both, can be produced at or near the height of flight. †C.3.1.2.2 Missile-type Rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability. Missiles shall not contain more than 0.7 oz (20 g) of total chemical composition. †C.3.1.2.3 Helicopter, Aerial Spinner. A tube containing not more than 0.7 oz (20 g) of chemical composition, with a propeller or blade attached. Upon ignition, the rapidly spinning device rises into the air. A visible or audible effect can be produced at or near the height of flight. †C.3.1.2.4 Roman Candle. Heavy paper or cardboard tube containing not more than 0.7 oz (20 g) of chemical composition. Upon ignition, “stars” (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled. †C.3.1.2.5 Mine, Shell. Heavy cardboard or paper tube usually attached to a wooden or plastic base and containing not more than 1.4 oz (40 g) of chemical composition plus not more than 0.7 oz (20 g) of “lift” charge [the part that actually lifts the aerial effect(s) into the air] per tube. Upon ignition, “stars” (see C.3.1.2.4), components producing reports containing up to 2 grains (130 mg) of explosive composition per report (see C.3.1.3.1), or other devices are propelled into the air. A mine can contain more than one tube, provided the tubes fire in sequence upon ignition of one external fuse. Total chemical composition including lift charges of any multiple tube device cannot exceed 7.1 oz (200 g). C.3.1.3 Audible Ground Devices. †C.3.1.3.1 Firecracker. Small, paper-wrapped or cardboard tube containing not more than 0.8 grains (50 mg) of explosive composition, except that those used in aerial devices can contain up to 2 grains (130 mg) of explosive composition per report. Upon ignition, noise and a flash of light are produced.

NOTE: Firecrackers are not subject to the requirements of fuse in C.3.5.1 and chemicals in C.3.6.1 of this annex.

C.3.1.3.2 Chaser. Paper or cardboard tube venting out the fuse end of the tube containing not more than 0.7 oz (20 g) of chemical composition. The device travels along the ground upon ignition. A whistling effect or other noise is often produced. Explosive composition can be included to produce a report but cannot exceed 0.8 grains (50 mg). †C.3.2 Types of Novelties. The following devices are classed as Fireworks 1.4G and described as Fireworks UN0336 unless they are classed as 1.4S or not regulated as hazardous materials based on specific test results. These devices that are not regulated are not considered to be consumer fireworks. †C.3.2.1 Party Popper. Small plastic or paper item containing not more than 0.25 grains (16 mg) of explosive composition that is friction sensitive. A string protruding from the device is usually pulled to ignite it. This item expels nonflammable paper streamers or other nonflammable novelties, or both, and produces a small report.


1811

†C.3.2.2 Snapper. Small, paper-wrapped item containing not more than 0.02 grains (1 mg) of explosive composition coated on small bits of sand, and packaged with sawdust in individual containers of not more than 50 units. When dropped, the device explodes, producing a small report. †C.3.2.3 Snake, Glow Worm. Pressed pellet of not more than 0.07 oz (2 g) of pyrotechnic composition and packaged in retail packages of not more than 25 units that produces as the primary effect a snake-like ash upon burning. The ash expands in length as the pellet burns. (These devices are not regulated for transportation purposes.) †C.3.2.4 Sparkler. Wire or stick coated with pyrotechnic composition, that cannot exceed 3.5 oz (100 g) per item, that produces a shower of sparks upon ignition. These items cannot contain magnesium, except that magnalium (magnesium-aluminum alloy) is permitted. Items containing any chlorate or perchlorate salts cannot exceed 0.2 oz (5 g) of composition per item. (These items are not regulated as explosives for transportation purposes. However, some meet the criteria for flammable solids.) †C.3.2.5 Toy Caps. Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps, containing not more than an average of 16 mg (0.25 grains) of explosive composition per cap. Toy caps are described as “Fireworks UN0336” and classed as 1.4G. Toy caps are to be packed in inside packages constructed of cardboard not less than 0.013 in. (0.33 mm) in thickness, metal not less than 0.008 in. (0.2 mm) in thickness, noncombustible plastic not less than 0.015 in. (0.38 mm) in thickness, or a composite blister package consisting of cardboard not less than 0.013 in. (0.33 mm) in thickness, and noncombustible plastic not less than 0.005 in. (0.13 mm) in thickness, which are to provide a complete enclosure. The minimum dimensions of each side or end of such package are to be not less than 1/8 in. (3.2 mm) in height. The number of caps in these inside packages is to be limited so that no more than 10 grains (650 mg) of the explosive composition of toy caps are to be packed in any inside container. These inner containers are to be packed in outside containers meeting the requirements specified in C.5.3.1 of this annex. †C.3.2.6 Other Novelties. Devices intended to produce unique visual or audible effects and containing 0.8 grains (50 mg) or less of explosive composition and limited amounts of other pyrotechnic composition. Examples include cigarette loads, trick matches, explosive auto alarms, and other trick noise makers. †C.3.3 Other Devices. Any device producing unique pyrotechnic or explosive effects or combinations of effects not enumerated in Section C.3 of this annex. †C.3.4 Combination Items. Fireworks devices intended to produce more than one of the effects described in Section C.3 of this annex, and that contain not more than 7.1 oz (200 g) of total chemical composition. C.3.5 Specific Requirements. C.3.5.1 Fuse. C.3.5.1.1 Only safety fuse or other fuse that has been protected to resist side ignition can be used in devices subject to the requirements of this annex.

NOTE: See APA 87-1, Annex B, for method of measuring resistance to side ignition. Devices, such as ground spinners, that require a restricted orifice for proper functioning and that contain less than 0.2 oz (6 g) of pyrotechnic composition are not subject to the requirements of C.3.5.1.1.

C.3.5.1.2 The fuse needs to be of sufficient length to burn at least 3 seconds but not more than 6 seconds before ignition of the device, except that fuse for roman candles or similar devices requiring a longer fuse for safe functioning can burn up to 12 seconds before ignition of the device. C.3.5.1.3 The fuse needs to be securely attached, so that it will support either the weight of the device plus 8 oz (227 g) of dead weight or double the weight of the device, whichever is less, without separation from the fireworks device. C.3.5.2 Construction. C.3.5.2.1 Bases. Each fireworks device that requires a base needs to utilize a base of wood or plastic (preferably nonbrittle, medium-impact polystyrene). The minimum horizontal dimension or the diameter of the base needs to be equal to at least one-third the height of the device (excluding any protruding fuse), unless the device remains upright when subjected to a tilt of 12 degrees from the horizontal. Bases are to remain firmly attached to the item during transportation, handling, and normal operation.

NOTE: See APA 87-1, Annex B, for method of measuring. C.3.5.2.2 Sticks. The stick on a rocket (including skyrockets and bottle rockets), and on other fireworks devices that utilize a stick, is to be firmly attached to the body of the device by means of glue, staples, or wire, and is to be secure enough to remain firmly attached during transportation, handling, and normal operation. Sticks are to be rigid and of such length so as to assure stable flight. The maximum curvature of such stick(s) cannot exceed 1 in. (25 mm).

NOTE: See APA 87-1, Annex B, for method of testing rigidity. C.3.5.2.3 Handles. Each fireworks device that is intended to be hand-held and is so marked is to incorporate a handle at least 4 in. (101 mm) in length. Handles are to remain firmly attached during transportation, handling, and normal operation of the device, or are to consist of an integral section of the device extending at least 4 in. (101 mm) below the pyrotechnic chamber, except that sparklers 10 in. (253 mm) or less in length shall have handles at least 3 in. (76 mm) in length. C.3.5.2.4 Spikes. Spikes that constitute an integral part of a fireworks device are to protrude at least 2 in. (51 mm) from the base of the device and are to have a blunt tip not less than 1/8 in. (3.2 mm) in diameter or 1/8 in. (3.2 mm) square. †C.3.5.2.5 Pyrotechnic Chamber. The pyrotechnic chamber in a fireworks device that functions other than by exploding needs to be of sufficient thickness and rigidity to allow normal functioning of the device without burnout or blowout. The chamber also needs to be constructed and sealed to prevent leakage of the pyrotechnic composition during transportation, handling, and normal operation. C.3.5.2.6 Wings. Wings on helicopter-type rockets and similar devices need to be securely attached to the body by means of gluing, wiring, or other appropriate means so that they will remain firmly attached during transportation, handling, and normal operation. C.3.5.2.7 Wheel Devices. Each wheel device needs to be constructed so that the driver(s), motor(s), and axle(s), where needed (i.e., on wheel devices intended to operate in a fixed location), remain securely attached to the device during transportation, handling, and normal operation. C.3.5.2.8 Aerial Devices. Each device intended to produce a visible or audible effect high in the air needs to be designed to produce the effect at or near the apogee of its flight.


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C.3.5.2.9 Smoke Devices. Each smoke device needs to be constructed so that it will neither burst nor produce excessive flame (excluding fuse and small but brief bursts of flame accompanying normal smoke production). Smoke devices cannot contain plastic in direct contact with the pyrotechnic composition, nor can smoke devices resemble, in color and configuration, banned fireworks devices, such as M80 salutes, cherry bombs, or silver salutes. C.3.6 Prohibited Chemicals and Components. †C.3.6.1 Prohibited Chemicals. Consumer fireworks devices offered or intended for sale to the public cannot contain a chemical enumerated in Table C.3.6.1, except for trace amounts as impurities, and except as specified therein.

NOTE: Display fireworks and theatrical pyrotechnics (see C.2.6.3) are not subject to the provisions of this annex.

†C.3.6.2 Prohibited Components. No component of any consumer fireworks device or novelty can, upon functioning, project or disperse any metal, glass, or brittle plastic fragments. †C.3.6.3 Forbidden Explosive Devices. Any explosive device intended for sale to the public that produces an audible effect (other than a whistle) by a charge of more than 2 grains (130 mg) of explosive composition per report. Devices obtained for bona fide pest control purposes in accordance with regulations promulgated by CPSC in Title 16, CFR, are not forbidden. For transportation purposes, the term forbidden explosive devices also includes mixtures or devices containing a chlorate and an ammonium salt or an acidic metal salt, devices that contain yellow or white phosphorus, devices that combine an explosive and a detonator or blasting cap, and any device that has not been approved by the U.S. DOT. †C.3.7 Approval. All consumer fireworks (Fireworks UN0336), novelties, and theatrical pyrotechnics offered for transportation in the United States need to be classified and approved for transportation purposes by the DOT, in accordance with the following procedure. †C.3.7.1 Fireworks and novelties containing only mixtures of chemicals specified in Table C.4.3.1 but none of the chemicals prohibited by C.3.6. For each item for which approval is sought, manufacturers need to submit a copy of the Approval Application (see

APA 87-1, Annex D) to the U.S. DOT. U.S. DOT can issue an approval for the device as 1.4G based on the information contained in the form or, at its option, can require pyrotechnic laboratory examination by the Bureau of Explosives, Bureau of Mines, or other pyrotechnic laboratory acceptable to U.S. DOT. †C.3.7.2 Consumer fireworks devices and theatrical pyrotechnics containing any chemical not specified in Table C.4.3.1, but none of the chemicals prohibited by C.3.6. For each item for which approval is sought, the manufacturer needs to submit a sample of each device to the Bureau of Explosives, Bureau of Mines, or other pyrotechnic laboratory acceptable to U.S. DOT (such as a recognized competent authority for fireworks manufactured abroad) for examination and thermal stability testing. The manufacturer needs to then submit a fireworks Approval Application (see APA 87-1, Annex D) together with the appropriate pyrotechnic laboratory reports to U.S. DOT. U.S. DOT can then issue approval based on the information contained in the application and accompanying pyrotechnic laboratory reports. †C.3.7.3 Theatrical pyrotechnics containing only mixtures of chemicals specified in Table C.4.3.1. For each item for which approval is sought, manufacturers need to submit a copy of the Approval Application (see APA 87-1, Annex D) to the U.S. DOT. U.S. DOT can issue an approval for the device as 1.4G based on the information contained in the form or, at its option, can require pyrotechnic laboratory examination by the Bureau of Explosives, Bureau of Mines, or other pyrotechnic laboratory acceptable to U.S. DOT. †C.3.7.4 If classification other than as 1.4G is sought, the U.S. DOT approval procedure in Title 49, CFR, 173.56(b)(1) needs to be followed. This includes obtaining a pyrotechnic laboratory report from the Bureau of Explosives or other pyrotechnic laboratory acceptable to U.S. DOT. †C.3.8 Marking and Labeling. Fireworks intended for consumer sale and use need to be labeled in conformance with the requirements of the Federal Hazardous Substances Act and regulations promulgated thereunder in Title 16, CFR, Part 1500. All outside packaging containing fireworks must be marked and labeled in conformance with Title 49, CFR, Part 172. See APA 87-1, Annex C, and Section C.5 of this annex for details and examples. C.4 Requirements for Display Fireworks Devices.

NOTE: Devices in this category, formerly classed as Class B Explosives, Special Fireworks, are now classed as 1.3G under the UN system and referred to in this annex as Display Fireworks.

Table C.3.6.1 Prohibited Chemicals for Consumer Fireworks Arsenic sulfide, arsenates, or arsenites Boron Chlorates, except: In colored smoke mixtures in which an equal or greater weight of sodium bicarbonate is

included In party poppers In those small items (such as ground spinners) wherein the total powder content does not

exceed 4 g (0.14 oz) of which not greater than 15 percent or 600 mg (9.3 grains) is potassium, sodium, or barium chlorate

In firecrackers In toy caps Gallates or gallic acid Magnesium (magnesium/aluminum alloys, called magnalium, are permitted) Mercury salts Phosphorus (red or white), except that red phosphorus is permissible in caps and party poppers Picrates or picric acid Thiocyanates Titanium, except in particle size greater than 100 mesh\ Zirconium


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†C.4.1 Types of Display Fireworks Devices. The following fireworks devices are subject to the requirements of Section C.4 of this annex. C.4.1.1 Aerial Shell. A cylindrical or spherical cartridge containing chemical composition exceeding 1.4 oz (40 g) in weight or explosive composition exceeding 2 grains (130 mg) per report, and a black powder propelling charge (lift charge). Shells are most commonly 3 in. to 6 in. (76 mm to 152 mm) in diameter and are fired from metal or heavy cardboard tubes. Upon firing, the lift charge is consumed and the cartridge is expelled into the air. A pyrotechnic effect is produced near the apogee of flight. †C.4.1.2 Salute. Paper-wrapped or cardboard tube containing explosive composition in excess of 2 grains (130 mg). Upon ignition, noise and a flash of light are produced. C.4.1.3 Other Fireworks Devices. †C.4.1.3.1 Where the quantity of explosive or pyrotechnic composition, or both, exceeds the limit for inclusion in the “Fireworks UN0336” category, devices enumerated in C.3.1 are classed as 1.3G and described as “Fireworks UN0335” (formerly described as Special Fireworks, and classed as “Class B Explosives”). This includes multiple tube devices containing more than 7.1 oz (200 g) of total chemical composition. †C.4.1.3.2 Certain devices intended for signaling, illuminating, and incendiary purposes such as railway torpedoes, airplane flares, illuminating projectiles, incendiary and smoke projectiles, and flash cartridges, formerly described as Special Fireworks, no longer fall into the “Fireworks” category under the U.S. DOT regulations effective on October 1, 1991, and are not part of this annex. C.4.2 Construction of Aerial Shells. C.4.2.1 Each shell is to be identified only in terms of the inside diameter (and not the circumference) of the mortar in which it can be safely used. [e.g., 3-in. (76-mm) shells are only for use in 3-in. (76-mm) mortars]. C.4.2.2 Each shell needs to be constructed so that the difference between the inside diameter of the mortar in which it can be safely used and the outside diameter of the shell is no less than 1/8 in. (3.2 mm) and no more than 1/4 in. (6.4 mm) for shells not exceeding 3 in. (76 mm) or 1/2 in. (12.7 mm) for shells larger than 3 in. (76 mm). C.4.2.3 Each shell needs to be marked with the type of shell, the diameter measurement, and the name of the manufacturer or distributor. C.4.2.4 The length of the internal delay fuse and the amount of lift charge needs to be sized to ensure proper functioning of the shell in its mortar. Quick match fuse, if required, needs to be long enough to allow not less than 6 in. (152 mm) of fuse to protrude from the mortar after the shell is properly inserted. C.4.2.5 The length of exposed black match on a shell cannot be less than 3 in. (76 mm) and the fuse is not to be folded or doubled back under the safety cap. Also, the time delay between ignition of the tip of the exposed black match and ignition of the lift charge cannot be less than 3 seconds to allow the operator to retreat safely. C.4.2.6 A safety cap needs to be installed over the exposed end of the fuse. The safety cap needs to be of a different color than that used for the paper of the fuse. †C.4.3 Approval. Prior to being offered for transportation in the United States, all display fireworks (“Fireworks 1.3G”) need to be

classified and approved by U.S. DOT in accordance with the following procedures. †C.4.3.1 Devices Containing Only Mixtures of Chemicals Specified in Table C.4.3.1. The manufacturer needs to submit a copy of the Approval Application (see APA 87-1, Annex D) to U.S. DOT for any item that has not previously been approved by U.S. DOT. U.S. DOT can issue an approval for the device based on the information contained in the form or, at its option, can require pyrotechnic laboratory examination by the Bureau of Explosives, Bureau of Mines, or other pyrotechnic laboratory acceptable to U.S. DOT.

Table C.4.3.1 Standard Fireworks Chemicals Chemical Typical Use Aluminum Fuel Ammonium perchlorate Oxygen donor Antimony Fuel Antimony sulfide Fuel Barium carbonate Neutralizer Barium nitrate Oxygen donor Barium sulfate Oxygen donor Boric acid Neutralizer Calcium carbonate Neutralizer Calcium sulfate Oxygen donor Carbon or charcoal Fuel Copper metal Color agent Copper oxide Oxygen donor, color agent Copper salts (except copper

chlorate) Color agent

Dextrine Fuel/binder Hexamethylenenetetramine

(hexamine) Fuel

Iron and iron alloys (e.g., ferro/titanium)

Fuel

Iron oxide Oxygen donor Magnalium

(magnesium/aluminum) Fuel

Magnesium (in display fireworks and theatrical pyrotechnics only)

Fuel

Magnesium carbonate Neutralizer Magnesium sulfate Oxygen donor Nitrocellulose-based lacquers Binder Phosphorus, red (only as provided

in Table C.3.6.1) Fuel

Potassium or sodium benzoate Whistle Potassium bichromate Oxygen donor (Potassium dichromate)(not to

exceed 5% of formulation)

Potassium chlorate (only as provided in Table C.3.6.1)

Oxygen donor

Potassium hydrogen phthalate Whistle Potassium nitrate Oxygen donor Potassium perchlorate Oxygen donor Potassium sulfate Oxygen donor Sodium bicarbonate (sodium

hydrogen carbonate) Neutralizer

Sodium nitrate Oxygen donor Sodium salicylate Whistle Sodium salts (except Color agent sodium chlorate) Sodium sulphate Oxygen donor Strontium carbonate Color agent Strontium nitrate Oxygen donor Strontium salts (except strontium

chlorate) Color agent

Strontium sulfate Oxygen donor Sulfur Fuel Titanium (particle size >100 mesh if

1.4G or 1.4S Fireworks) Fuel


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†C.4.3.2 Devices Containing any Chemical not Specified in Table C.4.3.1. For each item for which approval is sought, the manufacturer needs to submit a sample of each pyrotechnic mixture containing any chemical not specified in Table C.4.3.1 to the Bureau of Explosives or other pyrotechnic laboratory acceptable to U.S. DOT for examination. The manufacturer then submits an Approval Application (see APA 87-1, Annex D), together with the appropriate pyrotechnic laboratory reports to U.S. DOT. U.S. DOT can then issue approval based on the information contained in the application and accompanying pyrotechnic laboratory report(s). Miscellaneous Compounds: Organic compounds [compounds such as lactose, shellac, red gum, chlorinated paraffin, and polyvinyl chloride, consisting of some combination of carbon with hydrogen, oxygen, or chlorine, or all three; nitrogen can be present if it accounts for less than 10 percent (by weight) of the compound].

NOTE: Exact chemical identity of each organic compound is to be included when submitting an Approval Application (see APA 87-1, Annex D) to U.S. DOT.

C.5 Shipping Requirements. †C.5.1 Transportation Regulating Authorities. Transportation of fireworks is regulated by the United States Department of Transportation (U.S. DOT). Some states and municipalities also regulate transportation of fireworks through their jurisdiction, often by incorporation of federal regulations. †C.5.2 Approval. Except for samples prepared in accordance with U.S. DOT regulations, no fireworks device or novelty can be offered for transportation or be transported until it is classed and approved by U.S. DOT, and an approval number (EX number) is issued (Title 49, CFR, Part 173.86). (See Sections C.3 and C.4 of this annex and APA 87-1, Annex D.) †C.5.2.1 EX numbers for fireworks contained in a shipping carton need to be marked on the shipping carton or on the shipping paper. †C.5.2.2 Cartons containing more than 5 different fireworks devices need to be marked with at least 5 of the EX numbers covering items in the carton, or the EX numbers need to appear on the shipping paper [Title 49, CFR, Parts 172.320(c) and (d)]. C.5.3 Packaging. With certain exceptions, “Fireworks UN0335” (formerly Special Fireworks), “Fireworks UN0336” (formerly Common Fireworks) and Novelties, are to be securely packaged in containers complying with U.S. DOT regulations. Gross weight limitation per package is now dictated by the weight marked on the certified packaging. Until October 1, 1996, these materials were packaged in accordance with the regulations in effect on September 31, 1991 (i.e., U.S. DOT 12B boxes). These materials can be offered in accordance with the new package requirements promulgated under Docket No. HM-181 as of January 1, 1991. However, except as noted below, compliance with these new package standards is mandatory as of October 1, 1996. Fireworks packaged prior to October 1, 1991, in packagings that comply with previous U.S. DOT regulations (such as 12B boxes), can be used until October 1, 2001, but only for shipments in domestic commerce and only if the package has not been emptied or refilled on or after October 1, 1991 [Title 49, CFR, Part 171.14(c)]. Articles with match or friction tip ignition are to be packed so that each individual tip is protected against accidental contact or friction (Title 49, CFR, Part 173.108). Loose chemical composition cannot be present in packages in transportation [Title 49, CFR, Part 172.102(c)(108)]. †C.5.3.1 Toy Cap Packaging. Until October 1, 1996, toy caps were packaged in accordance with Title 49, CFR, Part 173.109, in effect on September 31, 1991 [i.e., U.S DOT 12B fiberboard boxes, with gross weight not to exceed 65 lb (30 kg)]. Toy caps are to be packaged in

inner containers meeting the requirements specified in C.3.2.5 of this annex. Toy caps must not be packed with other fireworks. †C.5.4 Placards. Unless otherwise provided, each motor vehicle, freight container, and rail car is to bear appropriate placards on each end and each side [Title 49, CFR, Part 172.504 (a)]. Vehicles containing packages of consumer fireworks or novelties that are labeled 1.4G require a “1.4G” or “Explosive 1.4G” placard (use of the word “explosive” is optional) (Title 49, CFR, Part 172.523). Highway and rail shipments of less than 1000 lb (454 kg) gross weight of such fireworks need not bear a placard [Title 49, CFR, Part 172.504(c)]. Vehicles containing display fireworks in any quantity require a “1.3G” or “Explosive 1.3G” placard (the word “explosive” is optional) (Title 49, CFR, Part 173.522). If both 1.4G and 1.3G are present in a shipment, only the “1.3G” placard is required. Until October 1, 1994, transport vehicles and freight containers were placarded with the old placards (i.e., “Class B Explosive” or “Dangerous” placard), and these placards can be used for domestic highway transportation only until October 1, 2001. †C.5.5 Package Marking and Labeling. Each person who offers fireworks for transportation needs to ensure that the package displays the appropriate square-on-point label [Title 49, CFR, Parts 172.400(a) and 172.411]. Consumer fireworks, toy smoke devices, and trick noise makers are either classed as 1.4G, 1.4S, or not regulated for transportation purposes, and display fireworks are classed as 1.3G (Title 49, CFR, Part 172.101). The label needs to be printed or affixed to the surface of the package near the proper shipping name and identification number, which are also required to appear on the package [Title 49, CFR, Part 172.301(a)]. †C.5.6 Shipping Papers. Each person who offers a fireworks device or novelty for transportation needs to describe the item on a shipping paper. The description needs to include the proper shipping name (Title 49, CFR, Part 172.101 Table, Col. 2), the hazard class of the material, the identification number (Col. 4), the packing group (Col. 5), and the total quantity covered by the description [Title 49, CFR, Part 172.202(a)]. Consumer fireworks (common fireworks) would be described as follows: “Fireworks, 1.4G, UN 0336, PG II.” Display fireworks (special fireworks) would be described as “Fireworks, 1.3G, UN 0335, PG II.” In addition, the shipper needs to certify that the shipment is properly classified, marked, and labeled [Title 49, CFR, Part 172.204(a)].

NOTE: EX numbers also are to appear on shipping papers unless they are marked on each shipping carton.

C.6 References. †C.6.1 Title 49, CFR, Parts 171 to 180, U.S. Department of Transportation, can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or as republished by the Bureau of Explosives as “Hazardous Materials Regulations of the Department of Transportation,” available from the Association of American Railroads, 50 F Street, NW, Washington, DC 20001. C.6.2 Title 16, CFR, Parts 1000 to End, Consumer Product Safety Commission, can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Extracts of these regulations pertaining to fireworks can be obtained only from the American Pyrotechnics Association.

Annex D Glossary This annex is not a part of the requirements of this NFPA document but is included for informational purposes only. D.1 General. The following terms are not necessarily inclusive of all the terms used in the pyrotechnic special effects industry.


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D.1.1 Alternating Current (AC). An electrical current that reverses direction in a circuit at regular intervals and most frequently supplied from wall outlets or sockets. D.1.2 Black Match. A fuse made from thread impregnated with black powder and used for igniting pyrotechnic devices. D.1.3 Blank Cartridge. A cartridge constructed from a cartridge case equipped with a percussion primer and filled with various loads of smokeless powder or other propellant. Weapons using blank cartridges often are used in conjunction with bullet hits. D.1.4 Bridgewire. A fine wire used to fire pyrotechnic devices that either heats up or explodes when an electric current is applied. D.1.5 Bullet Effect. An effect intended to simulate a slug from a weapon as it strikes a person or object. D.1.6 Bullet Hit. A small explosive charge attached to a person’s clothing or body, or to an inanimate object, to simulate a slug from a weapon as it strikes a person or object. D.1.7 Colored Smoke. An aerosol of special dyestuffs of chemical reactants dispersed by pyrotechnic heat or explosion. D.1.8 Color Pot. A tube containing pyrotechnic materials that produces a colored flame when ignited. D.1.9 Concussion Flashpowder. Flashpowder intended to be used in a concussion mortar to produce a loud, concussive effect. D.1.10 Concussion Item. A pyrotechnic item that produces a loud noise and a violent jarring shock for dramatic effect. D.1.11 Concussion Mortar. A device specifically designed and constructed to produce a loud noise and a violent jarring shock for dramatic effect without producing any damage. D.1.12 Day Box. A portable magazine used for the immediate storage of pyrotechnics. D.1.13 Deflagration. A rapid chemical reaction in which the output of heat is sufficient to enable the reaction to continue and accelerate without input of heat from another source. Deflagration is primarily a surface phenomenon, with most reaction products flowing away from the unreacted material along the surface at less than supersonic velocity. The effect of a deflagration under confinement is an explosion. Confinement of the reaction increases pressure, rate of reaction, and temperature and, in some cases, can cause transition into a detonation. D.1.14 Det Cord. A flexible, plastic-covered detonating cord resembling a clothesline that contains a highly explosive material. D.1.15 Detonation. An extremely rapid chemical reaction in which the pressure generated is sufficient to cause the formation of a shock wave, which causes the reaction to continue. Detonation is a phenomenon with reaction products flowing in the direction of unreacted materials at supersonic velocity. The effect of a detonation with or without confinement is an explosion. D.1.16 Detonator. A device containing an initiating or primary explosive that is used for initiating detonation including, but not limited to; electric blasting caps (instantaneous and delay types); blasting caps for use with safety fuses; detonating cord delay connectors; nonelectric caps that use a detonating cord, shock tube, or other replacement for electric legwires; also an explosive or device initiated by a primer and used to initiate another explosive that is less sensitive and larger.

D.1.17 Direct Current (DC). An electrical current that flows in one direction and most frequently supplied by a battery. D.1.18 Explosion. The rapid production of hot gases at a high pressure as the result of a chemical reaction and the sudden release of the energy to cause strong dynamic stresses in the surroundings. The term usually refers to the effects of a detonation of initiating explosives and high explosives but also applies to the effect of a deflagrating propellant explosive in certain circumstances such as heavy confinement. The term also describes a mechanical phenomenon in which failure of the container results in a sudden release of pressure from within a vessel. D.1.19 Explosive Special Effect. See Pyrotechnic Special Effect. D.1.20 First Fire. The ignited mixture used with pyrotechnic devices and loaded in direct contact with the main pyrotechnic charge. A pyrotechnic first-fire mixture is compounded to produce a high temperature and hot slag. The mixture is readily ignitible and capable of igniting the underlying pyrotechnic charge. D.1.21 Flare. A pyrotechnic device designed to produce a single source of intense light for a defined period of time. D.1.22 Flash Pot. A device used with flashpowder that produces a flash of light and is capable of directing the flash in an upward direction. D.1.23 Flashpowder. A specific pyrotechnic material in powder form composed of fuel(s) and oxidizer(s). Ignition produces a flash of light, sparkles, an audible report, or a combination of these effects. D.1.24 Gerb. A cylindrical preload intended to produce a controlled spray of sparks with a reproducible and predictable duration, height, and diameter. D.1.25 Igniter. An electrical, chemical, or mechanical device normally used to fire pyrotechnics. D.1.26 Ingredient. A chemical used to create a pyrotechnic material that is not, itself, a pyrotechnic material. D.1.27 Lift Charge. The composition in a pyrotechnic device that propels (lifts) the effect into the air when ignited. It usually consists of a black powder charge. D.1.28 Lycopodium. The spores produced by the genus of mosses called lycopodium. This powdery, organic, yellow material can be agitated and dispersed mechanically into a cloud and then ignited by a spark, pilot flame, or electrical heating device. Although not a pyrotechnic material, this material is used by special effects operators to produce fire effects or in conjunction with other pyrotechnics to create a special effect. D.1.29 Mine. A pyrotechnic device, usually a preload, that projects multiple pellets of pyrotechnic material that produce sparks or flame. It is usually supplied with an integral mortar. D.1.30 Nonelectric Detonator. A detonator that does not need electric energy to function. D.1.31 Photoflash Flashpowder. A loose pyrotechnic mixture that yields a very large amount of light for a small fraction of a second on exploding. D.1.32 Pyrotechnic Preload. A pyrotechnic device supplied by the manufacturer in a ready-to-use condition. D.1.33 Pyrotechnic Special Effect. A special effect created through the use of pyrotechnic materials and devices. (See also Special Effect.)


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D.1.34 Quick Match. Black match that is encased in a loose-fitting paper sheath. Although exposed black match burns slowly, quick match burns extremely rapidly and almost instantaneously. Quick match is used in fuses for aerial shells and for simultaneous ignition of a number of pyrotechnic devices, such as lances in a ground display piece. D.1.35 Safety Fuse. A flexible cord containing an internal burning medium by which fire or flame is conveyed at a constant and relatively uniform rate from the point of ignition to the point of use. D.1.36 Saxon. A pyrotechnic device consisting of a tube that rotates around a pivot point to produce a circular shower of sparks. D.1.37 Smoke Pot. A pyrotechnic device used to create smoke during a production. D.1.38 Smokeless Powder. A pyrotechnic material containing nitrocellulose and often nitroglycerin used in small arms ammunition, cannons, rockets, and propellant-actuated power devices. D.1.39 Soft Detonator. A detonator with a higher velocity than a bullet hit, but with no metallic elements or jacket. It is essentially a blasting cap without a metal jacket. D.1.40 Sparkle Flashpowder. A flashpowder that produces a bright flash of light and a shower of sparks when ignited. D.1.41 Sparkle Pot. A pyrotechnic device intended to contain and control the discharge of sparkle flashpowder. D.1.42 Special Effect. A visual or audible effect used for entertainment purposes, often produced to create an illusion. For example, smoke might be produced to create the impression of fog being present, or a puff of smoke, a flash of light, and a loud sound might be produced to create the impression that a cannon has been fired. D.1.43 Theatrical Flashpowder. A pyrotechnic material intended for use in theatrical shows that produces a flash of light when ignited. Typical theatrical flashpowders burn more slowly than salute powder and also might produce a shower of sparks. Theatrical flashpowder is not intended to produce a loud report. D.1.44 Waterfall, Falls, Park Curtain. An effect of a cascade of sparks that usually are produced by multiple devices fired simultaneously. D.1.45 Wheel. A pyrotechnic device that rotates on a central axis consisting of multiple gerbs or rockets attached to a framework.

Annex E Informational References E.1 Referenced Publications. The following documents or portions thereof are referenced within this code for informational purposes only and are thus not part of the requirements of this document unless also listed in Chapter 2. E.1.1 NFPA Publications. National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.

NFPA 13, Standard for the Installation of Sprinkler Systems, 1999 edition.

NFPA 99, Standard for Health Care Facilities, 1999 edition. NFPA 102, Standard for Grandstands, Folding and Telescopic Seating,

Tents, and Membrane Structures, 1995 edition. NFPA 230, Standard for the Fire Protection of Storage, 1999 edition. NFPA 1122, Code for Model Rocketry, 1997 edition. Fire Protection Guide to Hazardous Materials, 1997 edition.

E.1.2 Other Publications. E.1.2.1 American Pyrotechnics Association Publication. American Pyrotechnics Association, P.O. Box 213, Chestertown, MD 21620. American Pyrotechnics Association Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, 1993. E.1.2.2 Association of American Railroads Publication. Association of American Railroads, Library Room 5800, 50 F Street, NW, Washington, DC 20001. “Hazardous Materials Regulations of the Department of Transportation.” E.1.2.3 U.S. Government Publications. U.S. Government Printing Office, Washington, DC 20402. Title 16, Code of Federal Regulations, Parts 1000 to End. Title 29, Code of Federal Regulations, Part 1910. Title 49, Code of Federal Regulations, Parts 170 to End. United Nations Recommendations on the Transport of Dangerous Goods. E.2 Informational References. For information on fireworks classification testing, contact the following agencies: E.2.1 U.S. Bureau of Mines, Columbia Plaza, 2401 E Street, NW, Washington, DC 20241. E.2.2 Bureau of Explosives, c/o Association of American Railroads, 50 F Street, NW, Washington, DC 20001.

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