NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

NFPA 1124 Regulations, Title 49, Code of Federal Regulations, Parts 173.88 and 173.100. (Log #1) Exception No. 1:* Toy pistols, toy canes, toy guns, or other devices in 1124- 1 - (Chapter 1, 2, 3, 4, 5, and Appendix A): Accept in which paper and/or plastic caps, manufactured in accordance with DOT Principle regulations, Title 49, Code of Federal Regulations, Part 173.100(p), and SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. packed and shipped according to said regulations, are not considered to RECOMMENDATION: Consider incorporating some of the be and shall be allowed to be used and sold at all times. standards developed 12 years ago by the Committee in Draft 4 to Exception No. 2: Unmanned rockets and rocket motors designed, sold, the old NFPA 1121, Model Fireworks Code into the new and used in compliance with NFPA 1122, Code for Unmanned Rockets “” chapter in NFPA 1124 as follows: are not considered to be fireworks. (See NFPA 1122, Code for Unmanned Rockets.) NFPA 1121 Model State Fireworks Code Exception No. 3: Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for The retail storage and sale and the subsequent use by the public producing audible effects. of various types of fireworks is presently permitted by 37 of the 50 Exception No. 4: Items described in Section 2E (Novelties and Trick states in the , and the number of “open” states has Noisemakers), are not considered to be common fireworks. been increasing over the past decade. The distribution of common Common Fireworks. fireworks at the wholesale level is permitted in most states. The Any small firework device designed primarily to produce visible current NFPA code system provides no guidance to officials effects by combustion and which must comply with the regarding these activities; a code is urgently needed. construction, chemical composition, and labeling regulations of NFPA currently has in effect NFPA 1123, Outdoor Display of the U.S. Consumer Product Safety Commission, as set forth in Title Fireworks and NFPA 1124, Manufacture, Transportation and 16, Code of Federal Regulations, Parts 1500 and 1507. Some small Storage of Fireworks. Enactment of a code covering the storage at devices designed to produce audible effects are included, such as wholesale and the retail storage, sale, and use of fireworks gives whistling devices, ground devices containing 50 mg or less of NFPA a complete set of documents regarding fireworks. Fire explosive composition, and aerial devices containing 130 mg or less officials are provided with guidance that is unavailable from any of explosive composition. Common fireworks are classified as Class other national source. C explosives by the U.S. Department of Transportation (DOT) and Chapter 1 General include the following: 1-1 Scope. A. Ground and Hand-Held Sparkling Devices. 1-1.1 This Code shall apply to the wholesale storage of fireworks by (1) Dipped Stick; . Stick or wire coated with pyrotechnic licensed companies. It shall also apply to the retail storage and sale composition that produces a shower of sparks upon ignition. Total of fireworks where authorized by the legislative body having may not exceed 100 g per item. Those jurisdiction. It shall also apply to the use of fireworks by the public devices containing any perchlorate or chlorate salts may not exceed in such areas. 5 g of pyrotechnic composition per item. Wire which 1-1.2 This Code shall not apply to the manufacture, transportation, contain no and which contain less than 100 g of or storage of fireworks at a manufacturing facility. (See NFPA 1124, composition per item are not included in this category, in Manufacture, Transportation and Storage of Fireworks.) accordance with DOT regulations. 1-1.3 This Code shall not apply to the use of fireworks in licensed (2) Cylindrical Fountain. Cylindrical tube not more than 3/4 in. outdoor displays. It shall also not apply to the general conduct of (19 mm) inside diameter, containing up to 75 g of pyrotechnic such displays. (See NFPA 1123, Outdoor Display of Fireworks) composition. Upon ignition, a shower of colored sparks, and 1-1.4 This Code shall not apply to the transportation, handling or sometimes a whistling effect, is produced. This device may be use of fireworks by the Armed Forces of the United States. provided with a spike for insertion into the ground (spike 1-1.5 This Code shall not apply to the transportation, handling, or fountain), a wood or plastic base for placing on the ground (base use of industrial pyrotechnic devices such as railroad torpedoes, fountain), or a wood or cardboard handle, if intended to be hand- fusees, automotive, aeronautical, and marine flares and smoke held (handle fountain). signals. (3) Cone Fountain. Cardboard or heavy paper cone containing 1-1.6 This Code shall not apply to the sale and use of unmanned up to 50 g of pyrotechnic composition. The effect is the same as rockets and rocket motors used in conformance with NFPA 1122, that of a cylindrical fountain. Code for Unmanned Rockets. (4) Illuminating Torch. Cylindrical tube containing up to 100 g of 1-1.7 This Code shall not apply to the use of fireworks or pyrotechnic composition. Upon ignition, colored fire is produced. pyrotechnics in the performing arts. (See NFPA 1126, Code for May be spike, base, or hand-held. Pyrotechnics in the Performing Arts) (5) Wheel. Pyrotechnic device attached to a post or tree by means 1-2 Purpose. of a nail or string. Each wheel may contain up to 6 “driver” units: 1-2.1 The purpose of the Code is to provide reasonable protection, tubes not exceeding 1/2 in. (12.5 mm) inside diameter and as detailed in this Code, to the public in areas where the sale and containing up to 60 g of pyrotechnic composition. Upon ignition, use of common fireworks is permitted. the wheel revolves, producing a shower of color and sparks and, 1-2.2 The purpose of this Code is also to provide guidance to sometimes a whistling effect. public safety officials in areas where the sale and use of common (6) Ground Spinner. Small device similar to a wheel in design fireworks is permitted. and effect and placed on the ground and ignited. A shower of 1-3 Equivalency. sparks and color is produced by the rapidly spinning device. This Code is not intended to prevent the use of systems, methods, (7) Flitter Sparkler. Narrow paper tube filled with pyrotechnic or devices which provide equivalent protection to the provisions of composition that produces color and sparks upon ignition. This this Code, providing equivalency can be demonstrated. device does not have a fuse for ignition. The paper at one end of 1-4 Definitions. For the purpose of this Code, the following terms the tube is ignited to make the device function. shall have the meaning given below. B. Aerial Devices. Explosive.* Any chemical compound, mixture, or device, the (1) Sky Rocket. Tube not exceeding 1/2 in. (12.5 mm) inside primary or common purpose of which is to function by explosion. diameter that may contain up to 20 g of pyrotechnic composition. The term includes, but is not limited to, dynamite, black powder, Sky rockets contain a wooden stick for guidance and stability and pellet powder, initiating explosives, detonators, safety fuses, squibs, rise into the air upon ignition. A burst of color or noise or both is detonating cord, igniter cord, and igniters. The term “explosives” produced at the height of flight. includes any material determined to be within the scope of Title (2) Missile-type Rocket. A device similar to a sky rocket in size, 18, United States Code, Chapter 40, Importation, Manufacture, composition, and effect that uses fins rather than a stick for Distribution and Storage of Explosive Materials, and also include guidance and stability. any material classified as an explosive by the Hazardous Materials (3) Helicopter, Aerial Spinner. A tube not more than 1/2 in. Regulations of the U.S. Department of Transportation. (12.5 mm) inside diameter and containing up to 20 g of Explosive Composition. Chemical or mixture of chemicals that pyrotechnic composition. A propeller or blade is attached which, produces an audible effect by deflagration or detonation when upon ignition, lifts the rapidly spinning device into the air. A visible ignited. or audible effect is produced at the height of flight. Fireworks. Any composition or device for the purpose of (4) Roman Candles. Heavy paper or cardboard tube not producing a visible or an audible effect by combustion, exceeding 3/8 in. (9.5 mm) inside diameter and containing up to deflagration, or detonation, and which meets the definition of 20 g of pyrotechnic composition. Upon ignition, up to 10 “stars” “common” or “special” fireworks as set forth in the U.S. (pellets of pressed pyrotechnic composition that burn with bright Department of Transportation's (DOT) Hazardous Materials color) 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. 1-5.2* The sale or use of any ground fireworks device containing in (63.5 mm) inside diameter attached to a wood or plastic base and excess of 50 mg of explosive composition per unit, or of any aerial containing up to 40 g of pyrotechnic composition. Upon ignition, firework containing in excess of 130 mg of explosive composition “stars” [see B(4)], [see C(l)], or other devices are per unit is prohibited. propelled into the air. The tube remains on the ground. 1-5.3* The sale or use of any firework not complying with the C. Audible Ground Devices. regulations of the U.S. Consumer Product Safety Commission is (1) , Salute. Small paper-wrapped or cardboard tube prohibited. containing not more than 50 mg of pyrotechnic composition. Upon ignition, noise and a flash of light is produced. Chapter 2 General Requirements For Retail Sales Buildings And (2) Chaser. Small paper or cardboard tube that travels along the Temporary Stands. ground upon ignition. A whistling effect, or other noise, is often 2-1 Construction and Location. produced. The explosive composition used to create the noise may 2-1.1 Retail fireworks buildings and stands shall be constructed of not exceed 50 mg. wood, metal, masonry, concrete, or fire-resistant canvas. D. Combination Items. Fireworks devices containing combinations Flammable fabrics or plastic shall not be used. of two or more of the effects described in categories A, B, and C. 2-1.2 All retail sales locations must be at least 100 ft from any E. Novelties and Trick Noisemakers. storage tank or dispensing unit for flammable liquids or flammable NOTE: Items listed in this section are not classified as common gases. fireworks by the U.S. Department of Transportation. 2-1.3 All retail sales locations shall be kept clear of dry grass or (1) Snake, Glow Worm. Pressed pellet of pyrotechnic other combustible material for a distance of at least 10 ft in all composition that produces a large, snakelike ash upon burning. directions. Empty cardboard cartons shall not be allowed to The ash expands in length as the pellet burns. These devices may accumulate in the sales area. not contain mercuric thiocyanate. 2-1.4 All retail sales locations shall be at least 100 ft from any (2) Smoke Device. Tube or sphere containing pyrotechnic church, hospital or school. This distance shall be at least 600 ft if composition that, upon ignition, produces white or colored smoke sky rockets or missile-type rockets are offered for sale. as the primary effect. 2-1.5 Smoking shall not be permitted within 10 ft of any fireworks (3) Wire Sparkler. Wire coated with pyrotechnic composition that stand or tent where fireworks are sold, or within 10 ft of any produces a shower of sparks upon ignition. These items may not fireworks in a building in which fireworks are offered for sale. contain magnesium and must not exceed 100 g of composition per “Fireworks -No Smoking” signs (in letters not less than 4 in. in item. Devices containing any chlorate or perchlorate salts may not height) shall be conspicuously posted. exceed 5 g of composition per item. 2-1.6* Portable fire extinguishing equipment shall be kept on the (4) Trick Noisemaker. Item that produces a small report premises at all times. The authority having jurisdiction shall intended to surprise the user. These devices include: determine the number and type of extinguishers required. (a) Party Popper. Small plastic or paper item containing not 2-1.7 For stores and tents in which customers may handle more than 16 mg of explosive composition that is friction sensitive. merchandise prior to purchase, an attendant at least 16 years of age A string protruding from the device is pulled to ignite it, expelling must be on duty at all times during operating hours. paper streamers and producing a small report. 2-1.8 All fireworks stores, stands, and other retail outlets must be (b) Booby Trap. Small tube with string protruding from both inspected by the authority having jurisdiction prior to opening for ends, similar to a party popper in design. The ends of the string are the season, or on an annual basis. The retail sales permit or license pulled to ignite the friction-sensitive composition, producing a shall be available at the store or stand for presentation upon small report. request to duly authorized public safety officials. (c) Snapper. Small, paper-wrapped item containing a minute 2-1.9 All electrical wiring, sockets, and outlets shall be securely quantity of explosive composition coated on small bits of sand. mounted to the structure. Wiring and electrical service shall be so When dropped, the device explodes, producing a small report. installed and maintained that it does not create an electrical hazard (d) Trick . Kitchen or book match that has been coated to the public. with a small quantity of explosive or pyrotechnic composition. 2-1.10 All fireworks retail sales locations shall be under the direct Upon ignition of the match, a small report or a shower of sparks is supervision of a responsible person who is 16 years of age or older. produced. It shall be the responsibility of this supervisor to be familiar with (e) Cigarette Load. Small wooden peg that has been coated with and comply with this Code. a small quantity of explosive composition. Upon ignition of a 2-2 Temporary Stands for Retail Fireworks Sales. cigarette containing one of the pegs, a small report is produced. 2-2.1 Temporary stands for retail fireworks sales shall have a selling (f) Auto Burglar Alarm. Tube which contains pyrotechnic opening in the front which permits the customer to view composition that produces a loud whistle and/or smoke when merchandise but prevents the touching or handling of ignited. A small quantity of explosive, not exceeding 50 mg, may merchandise. also be used to produce a small report. A squib is used to ignite 2-2.2 Stands shall have a minimum distance of 6 ft from the front of the counter to the back side of the stand. the device. 2 Special Fireworks. Large fireworks designed primarily to produce 2-2.3 Stands of less than 100 ft in area shall have a door, of 36 in. minimum width, in the side or back through which stand visible or audible effects by combustion, deflagration, or 2 detonation. This term includes, but is not limited to, firecrackers attendants can freely move. Stands of greater than 100 ft shall have containing more than 2 grains (130 mg) of explosive composition, a minimum of two exits. All doors used as exits shall open aerial shells containing more than 40 g of pyrotechnic outward. composition, and other display pieces which exceed the limits for 2-2.4 Stands shall not be illuminated or heated by any device classification as “common fireworks.” Special fireworks are requiring a flame or exposed heating elements. Portable electric classified as Class B explosives by the U.S. Department of heaters shall be equipped with a switch device to stop the flow of Transportation. current if the heater is tipped over. Pyrotechnic Composition. A chemical mixture which, upon 2-2.5 If the stand is used for the overnight storage of fireworks, it burning and without explosion, produces visible, brilliant displays, shall be equipped with suitable means of preventing unauthorized bright lights, or sounds. entry. Retail sale. The sale of fireworks to the general public for their 2-3 Tents for Retail Fireworks Sales. personal use. 2-3.1 All of the area within a tent used for the retail sale of Storage. The keeping of common fireworks in an approved area in fireworks shall be maintained clear of dry grass, shavings, paper their original shipping cartons or equivalent packaging while trash, or any combustible liquid. awaiting distribution to wholesale or retail customers. 2-3.2 Tents shall have a minimum aisle width of 36 in., and aisles Temporary stand. A small structure with an open front used for shall be kept free and unobstructed at all times. the retail sale of fireworks for a period of time not to exceed 45 2-3.3 Exit ways shall be at least 44 in. in width, and at least three days per year. are required. Wholesale sale. The sale of fireworks to other wholesalers or 2-3.4 All merchandise shall be removed from the tent at the close retailers for subsequent resale. of business each day and placed in an appropriately secured 1-5 Permissible Fireworks. storage area, unless adequate security personnel are present 1-5.1* The legislative body having jurisdiction shall determine overnight to prevent unauthorized entry and theft. which items enumerated under the definition of “common 2-4* Protected Fuse. In retail sales locations, all fireworks devices fireworks” in this standard may legally be sold to and used by the that are readily accessible to handling by customers or the public public. must have their fuses suitably protected to prevent accidental ignition by a spark, cigarette ash, or other ignition source.

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5-1.4 The legislative body having jurisdiction shall determine Chapter 3 Storage of Class C Common Fireworks At Wholesale appropriate penalties for the violation of any provision of this And Retail Sale Locations Code. 3-1 Requirements for Storage Facilities. 5-1.5 The authority having jurisdiction shall cancel any license 3-1.1 Buildings or trailers, at any location other than a fireworks where, after a proper hearing, it is determined that a violation of manufacturing plant, used exclusively for the storage and this Code was willfully performed. distribution of common fireworks shall be constructed of masonry, 5-1.6 The authority having jurisdiction shall have the right of metal, or other fire-resistant exterior.(For storage at a proper seizure of any illegal fireworks and, upon conviction, any manufacturing plant, see NFPA 1124, Standard for the license held by the violator shall be revoked. Manufacture, Transportation and Storage of Fireworks). 5-2 Limitations on Sales. No fireworks shall be sold to any person Exception: Common fireworks in quantities not exceeding 40,000 lb under 16 years of age. (gross weight of fireworks and packaging) may be stored in any weather- resistant building, container, or room that is acceptable to the authority APPENDIX A having jurisdiction and can be securely locked to prevent unauthorized A-1-4 Explosive. A list of explosives determined to be within the entry. scope of 18 United States Code, Chapter 40, is published at least 3-1.2 Common fireworks stored in a building that is also used for annually by the Bureau of Alcohol, Tobacco, and Firearms, U.S. other activities shall be stored in a room or area used exclusively Department of the Treasury. for that purpose, except that nonflammable materials may be Classification of explosives described in the Hazardous Materials stored in the room or area as well. Interior walls and doors of such Regulations of the U.S. Department of Transportation is as follows: rooms shall have a minimum fire resistance rating of 1 hour. Class A Explosives: Possessing detonating or otherwise maximum 3-1.3 All doors of buildings, containers, or rooms used for the hazard, such as dynamite, desensitized nitrogy1cerine, lead azide, storage of common fireworks shall be kept securely locked when fulminate of mercury, black powder, blasting caps, and detonating the facility is not in use. primers. 3-1.4 All doors in fireworks storage areas shall be pressure- Class B Explosives: Possessing flammability hazards, such as actuated from the inside and shall open outward. Exits must be propellants, including some smokeless propellants and clearly marked, and aisles shall be kept free of obstructions. photographic flash powders. 3-1.5 Storage facilities shall be kept free of empty cartons and other Blasting Agents: Possessing minimum accidental explosion flammable materials. hazard. 3-1.6. Smoking, , and open flames shall not be permitted Class C Explosives: Includes certain manufactured articles which inside any building, room, or area containing stored common contain Class A or Class B explosives, or both, as components, but fireworks. in restricted quantities. 3-1.7 No extension cords or other temporary wiring shall be Forbidden Explosives: Explosives which are forbidden from or permitted within 25 ft of stored fireworks. Lights and wiring for not acceptable for transportation by common carriers. storage facilities shall comply with the provisions of NFPA 70, the Certain chemicals and fuel materials may have explosive National Electrical Code for general commodities. characteristics, but are not within the scope of 18 USC, Chapter 40, 3-1.8 No fireworks shall be stored within 100 ft of any dispensing and are not specifically classified as explosives by the U.S. unit for flammable liquids or gases. Department of Transportation. Authoritative information should 3-1.9 No fireworks shall be stored within 600 ft of any hospital, be obtained for such materials and action commensurate with their school, or nursing home. hazards, location, isolation, and safeguards should be taken. 3-1.10* Portable fire fighting equipment shall be provided in A-1-4 Fireworks, Exception No. 1: The regulations referred to limit common fireworks storage areas as required by the authority having the explosive content of each cap to not more than an average of jurisdiction. 0.25 grains (16.25 mg). Also, each package containing such caps 3-2 Work Areas. must be labeled to indicate the maximum explosive content per 3-2.1 Work areas (such as areas where fireworks assortments are cap. Packaged) shall be separated from stored fireworks by a wall or A-1-5.1 All devices which are sold as “common fireworks” must minimum separation distance of 25 ft. comply with construction, performance, and labeling requirements 3-2.2 Work areas must have an exit other than through the of the U.S. Consumer Products Safety Commission (Code of fireworks storage area. Federal Regulations, Title 16, Parts 1500 and 1507). States and local 3-2.3 No smoking or matches are permitted in work areas. legislative bodies may further restrict the types of fireworks allowed in a given jurisdiction. Chapter 4 Discharge Of Fireworks A-1-5.2 Devices containing explosive powder in excess of these 4-1 Prohibited Discharge Locations. limits are banned by CPSC. There is a serious problem with the 4-1.1 No fireworks shall be discharged within 100 ft of any “bootlegging” of these illegal devices, however, and they should be fireworks retail sales location or fireworks storage area. This treated as a serious violation by local officials. distance shall be at least 600 ft for the discharge of sky rockets or A-1-5.3 All devices which are sold as “common fireworks” must missile-type rockets. comply with construction, performance, and labeling requirements 4-1.2 No fireworks shall be discharged within 600 ft of any church, of the U.S. Consumer Products Safety Commission (Code of hospital, or school building without the approval of the institution. Federal Regulations, Title 16, Parts 1500 and 1507). States and local 4-1.3 No sky rockets or missile-type rockets shall be discharged legislative bodies may further restrict the types of fireworks allowed within 600 ft of any residence. in a given jurisdiction. 4-1.4 No person shall ignite or discharge any fireworks within or A-2-1.6 Water is the best means of fighting a fireworks fire. throw the same from a motor vehicle while within, nor shall any Suffocation methods will not be effective, as the devices contain person place or throw any ignited article or fireworks into or at their own oxygen. A portable, non-water extinguisher may be such a motor vehicle, or at or near any person or group of people. desired as well if an electrical fire is possible. 4-1.5 No fireworks shall be discharged within 100 ft of any person A-2-4 This protection may be achieved by having the fireworks in a or group of people not actively participating in or viewing the sealed package, by wrapping a fuse with paper, or by covering the discharge of fireworks. end of the fuse with tape. Thread-wrapped, lacquered “safety fuse” 4-2 Age Requirements. No fireworks shall be discharged by any is considered to be protected for the purposes of this Code. person less than 16 years of age, unless under direct adult A-3-1.10 Water is the best means of fighting a fireworks fire. supervision. Suffocation methods will not be effective, as the devices contain Chapter 5 Retail Sale Requirements their own oxygen. A portable, non-water extinguisher may be 5-1 Licenses and Permits. desired as well if an electrical fire is possible. SUBSTANTIATION: The effort the Pyrotechnics Committee 5-1.1 No person shall engage in the retail sale of fireworks without made 12 years ago to establish technically sound fire prevention first having submitted an application for, and obtained, a license standards for the retail storage, display and sales of consumer from the authority having jurisdiction. fireworks have merit. Now that the NFPA has finally permitted the 5-1.2 A license shall also be required for the wholesale storage and only Committee with balanced representation and the technical sale of fireworks. The authority having jurisdiction shall inspect expertise to address these issues, the current Committee should and approve the fireworks storage facility on an annual basis. consider Draft 4 to the old NFPA 1121. 5-1.3 All licenses shall be for a period of one year. The period for There may be some provisions in Draft 4 that some of the newer permissible retail sale of fireworks shall be established by the members of the Committee were unaware of and may have some legislative body having jurisdiction. merit. For the benefit of those newer members of the Committee and others, here is a brief history of why NFPA 1121, Model Fireworks Code was removed from the Committee, and why the

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Committee has been unable to address consumer fireworks outlets prevent any minimum standards for consumer fireworks outlets to in NFPA 1124 until now. be established. In the mid 80’s some members of the fire service in states that The politicization of the consumer fireworks issue by the NFPA permitted consumer fireworks asked the Pyrotechnics Committee and the FMANA undermines the entire NFPA Technical to establish standards for retail storage and display of consumer Committee consensus process. It subverts the NFPA Regulations fireworks. Retailers, including the large discount chain stores that Governing Committee Projects and is contrary to the open and sold consumer fireworks also wanted guidance on these issues too. participatory NFPA code development process. The Committee responded and the American Pyrotechnics More importantly, these biased maneuverings to block any Association (APA) submitted an initial draft of standards for the standards for consumer fireworks outlets increase the risk to public Committee to consider. Over the next 2-years the Committee met safety. If the minimum standards in Draft 4 to 1121 had been and worked on 3 more drafts to the then NFPA 1121, Model approved in 1989, and had been improved through subsequent Fireworks Code. The Committee was prepared to finalize this draft revisions; and if these had been adopted and enforced in , it and make a committee proposal in 1988. is quite possible that the calamity in Scottown in 1997 could have When the Fire Marshals Association of North America (FMANA), been prevented. now the International Fire Marshals Association (IFMA) and a COMMITTEE ACTION: Accept in Principle. NFPA Section learned of this effort, they strenuously objected to COMMITTEE STATEMENT: See Committee Proposal 1124-31 the NFPA. As a result in August 1988, the NFPA Board of Directors (Log #CP3). directed the Standards Council to transfer NFPA 1121 from the NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 Pyrotechnics Committee to FMANA. The Committee’s scope was VOTE ON COMMITTEE ACTION: restricted as follows: AFFIRMATIVE: 27 “This Committee shall not develop documents on the use of NEGATIVE: 1 fireworks by the general public including sale, storage or display of NOT RETURNED: 3 Council, Hartmann, Kitchens same”. This move was unprecedented under the modern NFPA ______Regulations Governing Committee Projects. The NFPA Regulations though only permit Technical Committees (Log #3) made up of balanced representation of the industries involved with 1124- 2 - (1-1, 1-1.1, 1-1.2): Accept in Principle the technical expertise to address the committee scope to develop SUBMITTER: Julie L. Heckman, American Pyrotechnics Assn. NFPA Codes and Standards. The FMANA has no representation RECOMMENDATION: Revise the title of the standard as follows: other than from fire marshals so the Model Fireworks Code was no Code for the Manufacture, Transportation, and Storage , and longer a part of the National Fire Code. Retail Sales of Fireworks and Pyrotechnic Articles In April 1997 the Standards Council revised the Pyrotechnics Revise Section 1-1 Scope as follows: Committee scope again, but it only restricted the Committee from 1-1 Scope. establishing any standards regarding consumer fireworks use by the 1-1.1 This code shall apply to the manufacture, transportation, general public. and storage of fireworks, pyrotechnic devices used in the When the Committee began to revise NFPA 1124, Code for the entertainment industry, or any component(s) containing Manufacture, Transportation and Storage of Fireworks in 1997 it pyrotechnic or explosive materials and to the retail sales of was explained to the Committee by NFPA staff that this consumer fireworks use restriction continued the prohibition to develop consumer fireworks . standards for “retail display and sales”. 1-1.2 This code shall not apply to the retail sale of consumer After the tragic arson fire at a fireworks store in Scottown, OH in fireworks and use of consumer fireworks by the general public. June 1997, there was more pressure to develop standards for SUBSTANTIATION: To acknowledge requirements for retail consumer fireworks at wholesale and retail facilities. In 1998 the sales of consumer fireworks in both the title of the standard and Standards Council apparently established a Task Group to study scope sections. This action is necessary if my previous proposal for the issue and make a recommendation on what course of action to a new Chapter 6 is adopted. take, however the Pyrotechnics Committee was never consulted. COMMITTEE ACTION: Accept in Principle. In the summer of 1998 the Fire Prevention Committee approved, COMMITTEE STATEMENT: See Committee Proposal 1124-31 with minor modifications, a proposal by their chair and the (Log #CP3). representative of FMANA to establish minimum standards for NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 consumer fireworks outlets. There was apparently no effort by this VOTE ON COMMITTEE ACTION: Committee to determine whether this issue was within their scope. AFFIRMATIVE: 27 Nor was there any communication to see what, if anything, the NEGATIVE: 1 Pyrotechnics Committee thought of this effort. NOT RETURNED: 3 Council, Hartmann, Kitchens During the public comment phase of NFPA 1, the Committee rejected a comment from Julie Heckman, Executive Director of the ______American Pyrotechnics Association (APA) and a member of the Pyrotechnics Committee. Her comment urged the Fire Prevention (Log #3a) Committee to delete the original proposal so that the Pyrotechnics 1124- 3 - (1-1 and 2-4): Reject Committee, which had finally received permission from the SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. Standards Council, could address this issue. RECOMMENDATION: Add a new 1-1.# and 2-4.#. The Fire Prevention Committee rejected her recommendation 1-1.# This code shall apply to the wholesale and retail sales of and their substantiation in part was: display fireworks, consumer fireworks and pyrotechnic articles used “The Committee believes that there is a justification of need for in the entertainment industry, or any fireworks or pyrotechnic public safety regarding provisions for retail sales and storage of component(s) containing pyrotechnic or explosive materials. consumer fireworks facilities due to the recent incidents that have 2-4.# The importation, distribution, wholesale or retail sales of occurred in this unregulated occupancy. The Fire Prevention Code display fireworks and pyrotechnic articles shall be permitted in Committee recognizes that the NFPA Pyrotechnics Committee may compliance with federal, state and local regulations. be starting to develop some requirements, but NFPA 1124 is not SUBSTANTIATION: Importation, distribution, wholesale and scheduled to be updated until the Spring 2002 revision cycle. The retail sales of display fireworks and pyrotechnic articles are requirements in NFPA 1 will provide the authorities having common and permitted, provided they are done in accordance jurisdiction that are faced with retail sales of consumer fireworks with the federal, state and local regulations. It is important to with some regulation until NFPA 1124 addresses the issue in 2-1/2 include these given the addition of wholesale and retail sales of to 3 years”. consumer fireworks so it is clear they are permitted, and to This substantiation is most ironic because it was the NFPA, at the delineate the differences between the three types of fireworks urging of the FMANA, who removed 1121 from the Pyrotechnics covered by this document. Committee in 1988! The rationale for this action was that the COMMITTEE ACTION: Reject. Pyrotechnics Committee was attempting to address the need for COMMITTEE STATEMENT: The Committee believes the issue of minimum fire and safety to life standards for consumer fireworks distribution facility needs to be addressed but requires further outlets in the 37 states that allowed some or all consumer fireworks study of the specific manner in which to best address it within this to be sold and used by the general public. document. The Committee has established a task group to address And it has been the NFPA and the FMANA that continued over this issue and provide language during the comment period. the years to restrict the Pyrotechnic Committee scope in order to NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31

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VOTE ON COMMITTEE ACTION: NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 AFFIRMATIVE: 27 VOTE ON COMMITTEE ACTION: NEGATIVE: 1 AFFIRMATIVE: 27 NOT RETURNED: 3 Council, Hartmann, Kitchens NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens ______(Log #8a) 1124- 4 - (1-1.3): Accept (Log #10a) SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. 1124- 7 - (1-4 Bulk Salutes, Comet (New), Mine (New), A-1-4, RECOMMENDATION: Delete the word "display" and add the 4.10.4 and A-4-10.4): Reject words "and pyrotechnic articles" so it now reads: SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. 1.1.3 This code shall not apply to the display site storage and use RECOMMENDATION: Revise the definition of bulk salutes to of fireworks and pyrotechnic articles conducted in accordance with read as follows: NFPA 1123, Code for Fireworks Display. Bulk Salutes. A collection of salutes or salute components SUBSTANTIATION: Fireworks displays can and do use containing more than 10 lb (4.5 kg) of salute powder and stored in consumer fireworks and pyrotechnic articles, not just display a magazine or in-process in an unattended process building, unless fireworks. This change addresses this issue. the salutes or salute components are mixed with other aerial shells, COMMITTEE ACTION: Accept. comets, mines or components so that the quantity of salutes or NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 salute components to other types of aerial shells, comets, mines or VOTE ON COMMITTEE ACTION: components is less than 50 percent of the total quantity of all aerial AFFIRMATIVE: 27 shells, comets, mines or components stored in a magazine or in- NEGATIVE: 1 process in an unattended process building. NOT RETURNED: 3 Council, Hartmann, Kitchens Also add the following two definitions: Comet. A fireworks device consisting of a large pellet of ______pyrotechnic composition that is ignited and propelled from a mortar tube by a charge of black powder. Comets frequently leave a (Log #2) trail of sparks as they rise in the air, and they sometimes burst into 1124- 5 - (1-2): Accept in Principle smaller fragments at their zenith. SUBMITTER: Julie L. Heckman, American Pyrotechnics Assn. Mine. A device designed to project numerous stars and other RECOMMENDATION: Revise Section 1-2 Purpose as follows: effects, such as whistles and firecrackers, into the air from a 1-2 Purpose. mortar. A black powder charge ignites the contents of the mine, 1-2.1 The purpose of this code is to improve safety in the propelling its contents into the air to altitudes that usually are manufacture, transportation, and storage of fireworks, pyrotechnic lower than those reached by aerial shells. devices used in the entertainment industry, and any component(s) Add the following to Annex A. containing pyrotechnic or explosive materials and for the retail Bulk Salutes. Salute powder and salutes are more energetic than sales of consumer fireworks . most other fireworks, and thus present a greater potential risk in SUBSTANTIATION: To acknowledge the new Chapter 6, Retail the event of an accidental explosion. The purpose of delineating Sales of Consumer Fireworks in the purpose section of NFPA 1124. between bulk salutes and salutes mixed with other types of See my previous proposal to add a new Chapter 6 to the Code. fireworks is to address this potential risk, while maintaining the COMMITTEE ACTION: Accept in Principle. ability of facilities to prepare for displays that contain all types of COMMITTEE STATEMENT: See Committee Proposal 1124-31 fireworks. The mixing of other aerial shells, comets, mines or (Log #CP3). components to salutes and salute components stored in a magazine NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 or in process in an unattended process building should be at least VOTE ON COMMITTEE ACTION: 51-49 percent. This ratio should be calculated by counting the AFFIRMATIVE: 27 other aerial shells, comets, mines or components and salutes and NEGATIVE: 1 components if they are of similar configuration and size; counting NOT RETURNED: 3 Council, Hartmann, Kitchens the cases of other aerial shells, comets, mines or components, and salutes and components if they are of similar configuration, size ______and case counts; or the estimating net weight of all other aerial shells, comets, mines or components and salutes and components (Log #7) and all salutes and components. Some processes, such as the 1124- 6 - (1-4): Accept in Principle drying of aerial shells, may take a few hours or a few days. As a SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. result unfinished fireworks or components are often in-process in RECOMMENDATION: Revise the definition for bulk salutes so it unattended process buildings or rooms. is clear and precise by using the total net weight of flash powder in Add a new 4.10.4.# (Old 2-6.1.#) Unfinished fireworks and each device and the total net weight of all other compositions in components shall be permitted to be kept in-process in an each magazine for the exception. unattended process building or room, provided the unattended SUBSTANTIATION: The exception of when salutes are not to be process building or room meets the security, construction and considered “bulk salutes” for storage purposes is not clear. Is this distance requirements for the corresponding type of magazine for by gross weight? By net weight? In each carton or each magazine? the type(s) and quantity of fireworks and components kept in By the shell count? In each carton or each magazine? process in the unattended process building. (See 2-10.3.) This quick fix to deal does little to mitigate the very real risks A-4.10.4.# Some processes, such as the drying of aerial shells, associated with flash powder and salutes. It creates an inventory may take a few hours or a few days. As a result unfinished management and bookkeeping nightmare, and forces fireworks and components are often kept in-process in unattended manufacturing and distribution facilities to increase risks by process buildings or rooms. handling the product more often than is otherwise prudent or SUBSTANTIATION: Unfinished fireworks of all types, including necessary. salutes and salute components, are often kept in process in The Committee should develop specific process safety unattended process buildings, so this needs to be addressed. Most management criteria for manufacturing, processing, storing, salutes are aerial shells, but some are ground salutes, however the transporting and using flash powder and devices with flash powder current definition implies the comparison is between aerial shells that minimize risks. These criteria should be based on actual only. Salute components are counted as part of what constitutes hazard analysis of the various quantities of flash powder rather than bulk salutes, but aerial shell components, comets mines are not simplistic reclassifications and ambiguous exceptions. mentioned, making it unclear if they count towards the 50% COMMITTEE ACTION: Accept in Principle. exemption. The current ATF definition also mentions no quantity Revise the existing definition for Bulk Salutes as follows: (Bulk salutes. Salute components prior to final assembly into Bulk Salutes. A collection of salutes or salute components aerial shells, and finished salute shells held separately prior to containing more than 2 lb. (0.9 kg) of salute powder, unless the being packed with other types of special fireworks.) yet under salutes are mixed with other types of aerial shells so that the total 4.10.4.4 the code permits 10 pounds to be in a process building or quantity of salutes to other types of shells is less than 50 percent in area. It is illogical to require a smaller quantity be placed in a a single magazine . Type 2 magazine than is permitted to be in-process, especially COMMITTEE STATEMENT: The Committee accomplished the when in loose form while in-process there is greater risk of intent of the submitter with this revision to the definition. accidental ignition. Comets, mines and other components should

1770 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA be included with aerial shells in calculating the total quantity in Fire Break. A solid planar material without holes or other each magazine or unattended process building in order to openings constructed of sheet steel, sheet aluminum not less than accurately assess the risk and the steps needed to mitigate that risk. 0.19 in. (5 mm) thick, hardboard not less than 1/8 in. (3 mm) Also the 50% delineation has been misinterpreted by some to be thick, gypsum board not less than 3/8 in. (10 mm) thick, wood 66-33% because the word "total" refers to the quantity of salutes to panels not less than 1/8 in. (3 mm) thick, plywood not less than "other shells", so this need to be changed to clarify this. Explaining 1/4 in. (6 mm) thick, particleboard not less than 1/4 in. (6 mm) how to calculate the ratio in the Annex should help, especially thick, cement fiberboard, plastic laminate not less than 1/8 in. (3 when unfinished fireworks and components are involved. The mm) thick, or other approved material installed within a retail terms Comet and Mine are used in the body of the Code, but not display fixture containing consumer fireworks so as to impede or defined. They are defined in 1123 and these are the definitions retard the rapid spread of an incipient fire, involving the fireworks from 1123-95. packaging materials, along a display level or shelf, from level to COMMITTEE ACTION: Reject. level or shelf to shelf, or to an adjacent display fixture. COMMITTEE STATEMENT: The proposed changes do not Limited-Combustible Material. A building construction material comply with current federal regulations. not complying with the definition of noncombustible material that, NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 in the form in which it is used, has a potential heat value not VOTE ON COMMITTEE ACTION: exceeding 3500 Btu/lb (8141 kJ/kg), where tested in accordance AFFIRMATIVE: 27 with NFPA 259, Standard Test Method for Potential Heat of NEGATIVE: 1 Building Materials, and complies with (a) or (b) below. Materials NOT RETURNED: 3 Council, Hartmann, Kitchens subject to increase in combustibility or flame spread index beyond COMMENT ON AFFIRMATIVE: the limits herein established through the effects of age, moisture, WEETH: If this proposal, which quantifies what should be or other atmospheric condition shall be considered combustible. considered “bulk salutes” for storage purposes, does not comply (a) Materials having a structural base of noncombustible with the federal regulations, then neither does the existing language material, with a surfacing not exceeding a thickness of 1/8 in. (3.2 in NFPA 1124. ATF Part 55, Explosives in Commerce Subpart B - mm) that has a flame spread index not greater than 50. Definitions, Section 55.11 Mean of terms. “Bulk salutes. Salute (b) Materials, in the form and thickness used, other than as components prior to final assembly into aerial shells, and finished described in (a), having neither a flame spread index greater than salute shells held separately prior to being packed with other types 25 nor evidence of continued progressive combustion and of such of special fireworks.” composition that surfaces that would be exposed by cutting ATF has established no threshold amount for what quantifies through the material on any plane would have neither a flame “bulk salutes” so each ATF Inspector is free to interpret this spread index greater than 25 nor evidence of continued progressive threshold differently, which causes confusion and problems as well combustion. (NFPA 220). as decreasing public safety. Many Inspectors refer to the current Noncombustible Material. A material that, in the form in which NFPA 1124 definition, however it is at best ambiguous. The it is used and under the conditions anticipated, does not ignite, exemption is based on a fixture of 50 percent star shells and salute burn, support combustion, or release flammable vapors, when shells, however it does not include aerial comets or mines nor does subjected to fire or heat. Materials that are reported as passing it establish if it is 50 percent of each shipping carton or each ASTM E136, Standard Test Method for Behavior of Materials in a magazine. Vertical Tube Furnace at 750°C, shall be considered The ATF and the Committee have already established the 10- noncombustible materials. (NFPA 220) pound limit for flash powder or salutes in process, so the 10-pound Permanent. As applied to buildings or structures: a building or limit for what would constitute “bulk salutes” in storage is logical. structure constructed, erected, or placed on a foundation on a site Until and unless AT establishes a threshold quantity, the and having fixed utility connections which is intended to remain on Committee is not prohibited from doing so. the site for more than 180 consecutive calendar days. Also there are no federal regulations regarding comets or mines. Temporary. As applied to buildings or structures: a building or The Committee has already defined these in NFPA 1123 and given structure that is in place for a period of 180 consecutive calendar the fact that the quantity limits for what constitutes what is or is not days or less. (NFPA 102) bulk salutes is based on the count of other devices, they need to be As applied to electrical power and wiring: electrical service in use included too. or in place for a period of 90 consecutive calendar days or less. (NFPA 70) ______SUBSTANTIATION: These terms are used within the new Chapter 6, Retail Sales of Consumer Fireworks, that I have (Log #5) submitted as a separate proposal. The definitions are necessary for 1124- 8 - (1-4 Consumer Fireworks Retail Sales Stand, Covered clarity. Fuse, Fire Break, Limited-Combustible Material, Noncombustible COMMITTEE ACTION: Accept in Principle. Material, Permanent, Temporary, (New) ): Accept in Principle COMMITTEE STATEMENT: See Committee Proposal 1124-31 SUBMITTER: Julie L. Heckman, American Pyrotechnics Assn. (Log #CP3). RECOMMENDATION: Add the following definitions to NFPA NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 1124 as follows: VOTE ON COMMITTEE ACTION: Consumer Fireworks Retail Sales Stand. A temporary or AFFIRMATIVE: 27 permanent building or structure that is used solely for the purpose NEGATIVE: 1 of selling consumer fireworks and related merchandise at retail and NOT RETURNED: 3 Council, Hartmann, Kitchens which has a floor area not greater than 800 sq ft (74 m). Stands COMMENT ON AFFIRMATIVE: may include small buildings, plywood structures, manufactured WEETH: The issue of what constitutes a covered fuse is not as buildings, semi-trailers, trailers, shipping containers, or similar simplistic as this definition implies. This definition also attempts to structures or facilities other than tents, canopies, or membrane establish standards and needs to be revised to meet the new structures. Manual of Style. Covered Fuse. For fireworks not contained within a prepackaged There are a variety of different types of fuses used on consumer assortment or multi-item package, a covered fuse is a thread- fireworks and some consumer fireworks have no fuses at all. There wrapped safety fuse with a nonflammable coating where only the also is no minimum standard for what material can be used to outside end is covered or a fuse wrapped with, covered by, or cover a fuse. Covering fuses with tissue or simply taping down safety sealed within tape, paper, paperboard, cardboard, or other fuse without covering the tip of the fuses does nothing to retard materials to prevent, retard, or delay the ignition of the fireworks potential fire propagation. device should it come into accidental contact with a small open The Committee must define the different types of ignition fuses flame such as a match or cigarette lighter. A fireworks device fuse and ignition points, establish the types of materials that will retard shall also be considered covered if the fireworks device is potential fire propagation and establish the minimum contained within a prepackaged assortment, multi-item package, requirements for covering fuses and packaging with those materials container or wrapper which is arranged and configured, so that the in order to have an effective standard. fuse of the fireworks device cannot be touched directly by a person WESTCOTT: I feel that the core safety issues are the density of handling the prepackaged assortment without the person having to the product and the projectile nature of some types of fireworks. puncture or tear the packaging or wrapper, unseal or break open a While these issues have been addressed by the committee, I feel package or container, or otherwise damage or distruct the that more needs to be done. packaging material, wrapping, or container within which the fireworks are contained. ______

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(Log #5a) SUBSTANTIATION: These terms are used or will be used in 1124- 9 - (1-4 Distribution Facility (New) and Chapter 4): Reject NFPA 1124 and come from the recently updated federal SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. regulations. RECOMMENDATION: Add the following definition: COMMITTEE ACTION: Reject. Distribution Facility. A place where fireworks or pyrotechnic COMMITTEE STATEMENT: The proposed definitions are articles are received, stored, packaged and packed into shipping already covered by Title 27 CFR Part 55, which is included as cartons, and shipped from. reference in this code. Add Distribution Facilities to the chapter title, to 4-1.1, 4-1.3 and NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 4-1.4 VOTE ON COMMITTEE ACTION: SUBSTANTIATION: These requirements should also apply to AFFIRMATIVE: 27 distribution facilities as well as manufacturing facilities. There are NEGATIVE: 1 very few manufacturing facilities left in the US since most consumer NOT RETURNED: 3 Council, Hartmann, Kitchens fireworks are now imported. The standards for the storage, packaging and packing of consumer fireworks at distribution ______facilities should be no less than those at a manufacturing facility. COMMITTEE ACTION: Reject. (Log #11a) COMMITTEE STATEMENT: The Committee believes the issue of 1124- 12 - (2-13): Reject distribution facility needs to be addressed but requires further SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. study of the specific manner in which to best address it within this RECOMMENDATION: Revise 4.20.4.2 to read as follows: document. 4.20.4.2* As a minimum, each display fireworks device shall be NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 conspicuously marked with the following information: VOTE ON COMMITTEE ACTION: a. The size of the display fireworks device, if applicable AFFIRMATIVE: 27 b. A description of the type of device and the effect(s) NEGATIVE: 1 c. A warning statement reading: WARNING: DANGEROUS NOT RETURNED: 3 Council, Hartmann, Kitchens EXPLOSIVE. If found, do not handle. Contact local fire or police department. ______A-4.20.4.2 Markings should be on the device, unless it is too small to do so conspicuously. If too small a tag or label on the package (Log #6a) with the information should be marked conspicuously. 1124- 10 - (1-4 Fireworks Plant, 2-3.1.1 Table 2-6.1, Table 2-6.2 and a. Aerial shells, comets or mines should be marked with the size 2-6.3 ): Accept in Part according to 4.20.4.1. Roman candles, gerbs and fountains should SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. be described by the inside diameter of their tubes. Ground set RECOMMENDATION: Change the term "fireworks plant" to pieces, wheels and saxons manufacturing facility in 1-4 Inhabited Building, 2-3.1.1, Table 2- b. Descriptions should indicate performance height and 6.1, Table 2-6.2, and 2-6.3. diameter as well as the duration of the device's effect(s) Also add the phrase "or distribution facility" in 1-4 Inhabited c. The warnings should be in bold letters that are easily Building and 2-3.1.1. discernible from the rest of the markings. SUBSTANTIATION: The term fireworks plant has been replaced Revise 4.20.4.5 to read as follows: by the defined term Manufacturing facility. Also these requirements All preloaded chain fused devices, such as finale or barrage are applicable to distribution facilities that do not manufacture. boxes, Roman candle batteries or cakes, shall have detailed and COMMITTEE ACTION: Accept in Part. usable instructions the secure placement and necessary Change the term "fireworks plant" to "manufacturing facility" in 1-4 stabilization of the devices to prevent tipover during use. Inhabited Building, 2-3.1.1, Table 2-6.1, Table 2-6.2, and 2-6.3. Add a new 4.20.4.# as follows: Do not add the phrase "or distribution facility" in 1-4 Inhabited Manufacturers and suppliers shall provide users with basic Building and 2-3.1.1. instructions on how to safely handle, store, transport, setup, use COMMITTEE STATEMENT: The committee accepted the and dispose of display fireworks and pyrotechnic special effects. recommendation to replace the term "fireworks plant" with A.4.20.4.# Instructions should reference NFPA 1123 and indicate: "manufacturing facility". a. the minimum distance for using the device to the audience and The Committee believes the issue of distribution facility needs to parking areas, occupied buildings, bulk storage from hazardous be addressed but requires further study of the specific manner in materials, etc. which to best address it within this document. b. suggested methods of placement or loading of the device(s). NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 c. suggested methods of igniting the device(s) VOTE ON COMMITTEE ACTION: d. prohibited uses of the device(s), if any AFFIRMATIVE: 27 e. and any unique hazards associated with the handling and use of NEGATIVE: 1 the device(s). NOT RETURNED: 3 Council, Hartmann, Kitchens SUBSTANTIATION: NFPA 1124 already calls for instructions for a 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 the Committee to develop basic instructions for all fireworks devices. (Log #4a) User instructions from the manufacturer or supplier for the proper 1124- 11 - (1-4 Various Definitions (New) ): Reject use of their products are standard operating procedure for most SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. industrial and consumer products. Instructions for the proper use RECOMMENDATION: Add the following definitions: of hazardous materials, and fireworks are classified as such, is Dealer. Any person engaged in the business of distributing imperative for the safe use of these products by users. A explosive materials at wholesale or retail. requirement that instructions be provided does not mean the Distribute. To sell, issue, give, transfer, or otherwise dispose of. manufacturer or supplier will need to write a treatise for each The term does not include a mere change of possession from a individual item, since many fireworks function the same way. Many person to his agent or employee in connection with the agency or manufacturers and suppliers now supply a simple 1-page set of employment. instructions for the proper use of their products. Hardwood. Oak, maple, ash, hickory, or other hard wood, free The Committee already has established that instructions are from loose knots, spaces, or similar defects. important for disposal of aerial shells, for using binary systems and Importer. Any person engaged in the business of importing or for setting up pre-loaded chain fused aerial items, so it is not a bringing explosive materials into the United States for purposes of tremendous burden to expand this fundamental requirement. sale or distribution. The Committee is correct that NFPA 1123 calls for the licensing Manufacturer. Any person engaged in the business of and training of operators, but licensing and training are the manufacturing explosive materials for purposes of sale or exception rather than the norm. Display operators who are not distribution or for his own use. licensed or trained are then left without critical information on Plywood. Exterior, construction grade (laminated wood) how to store, transport, setup, use and dispose of hazardous plywood. materials, which are typically used at large public gatherings. Softwood. Fir, pine, or other soft wood, free from loose knots, This creates an unacceptable risk to the operators and the crews spaces, or similar defects. as well as to public safety, something we are painfully reminded of Also add these two new terms: each year. Distributor. See Dealer

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At the very least the Committee can require the manufacture or Even if the operator is fully trained and well experienced in the supplier to provide basic instructions on how to store, transport, storage, handling and use of display fireworks, the AHJ may need setup, use and dispose of both fireworks and pyrotechnic special to see the instructions to determine approvals for the use of some effects. display fireworks. The assistants, who may have less training or COMMITTEE ACTION: Reject. experience than the operator, also may need to have basic COMMITTEE STATEMENT: The Committee believes that display instructions how to use the product properly and safely. fireworks are for professional use and this level of instruction is not COMMITTEE ACTION: Reject. necessary. Instructions are currently contained in 4-19.5 (new COMMITTEE STATEMENT: See Committee Proposal 1124-31 numbering). (Log #CP3). NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 VOTE ON COMMITTEE ACTION: VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 26 AFFIRMATIVE: 27 NEGATIVE: 2 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens NOT RETURNED: 3 Council, Hartmann, Kitchens EXPLANATION OF NEGATIVE: COMMENT ON AFFIRMATIVE: BOWES: I was not present at the meeting, so I am not apprised WEETH: Specific ;language was referenced with the proposal and of all of the discussion on this submission. I am surprised however even if it was not, this is an issue that must be addressed. that committee would reject a submission that would improve Pyrotechnic articles are clearly within the scope of this document safety with without adequate explanation. and how and where they are assembled, packaged, packed and The comment given by the committee is that the requirements are stored has yet to be addressed. already contained in 19.5. This is not correct. The requirements in Given the expansion of NFPA 1124 into retail sales of consumer 19.5 only apply to aerial fireworks. There are labeling requirements fireworks, it will be important to delineate between these elsewhere in the code for indoor devices. This means there is no requirements and those for the more specialized special effects requirement for a great number of fireworks. business. The argument that since the items are for professional use only, that there is no need for identification, instructions and warnings is ______also not correct. From the accidents that have occurred, it is clear that “professionals” are just as capable of misidentifying or (Log #6) misjudging products as non-professionals. 1124- 14 - (2-13.3.6): Accept in Principle in Part COMMENT ON AFFIRMATIVE: SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. WEETH: Display fireworks are NOT for professional use only! RECOMMENDATION: Revise the salute size limits to reflect They are routinely sold to and used by people who have little or no changes in NFPA 1123 2-1.7. training, often in states with no license requirements and only Add a new recommendation to the labeling requirement for these mininilamist permit requirements. Training efforts are improving larger salutes and aerial shells with multiple reports and bottom however providing a simple set of instructions will not be shots that incorporates the use requirements in NFPA 1123. burdensome to the industry and will help provide for public safety. Also define “report” and “bottom shot”. Also 4-19.5 only addresses instructions for preloaded-chain fused SUBSTANTIATION: The Committee recently revised the salute aerial items and nothing else. size limits to NFPA 1123 and these changes should be incorporated The Committee must at the very least require the manufacturer of into NFPA 1124. The terms “report” and “bottom shot” are used display fireworks to provide some sort of instructions beyond “load but not clearly delineated from a salute. in tube, light fuse, run away”. 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 a maximum size of 5 in. diameter and length (exclusive of propellant (Log #8) charge). Minimum standards of use shall include: 1124- 13 - (2-13): Reject 1. Non-metal mortars shall be used SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. 2. Mortars used for salutes over 3 in. in diameter and length RECOMMENDATION: Add instructions for storage, handling and (exclusive of propellant charge) shall be individually supported use as based on the current requirement in NFPA 1127 3-3.2. and separated from other mortars by 10 times the inside diameter 2-12 Display fireworks shall be shipped and sold with complete of the mortar instructions for their storage, handling, and use. These 3. Remote ignition or use of an added 5 second minimum delay instructions shall contain a warning to read and follow all fuse extension shall be used instructions carefully and to use the display fireworks only 4. Salute shells shall be preloaded into mortars according to instructions. In addition, the instructions shall Add a new 2-13.3.7 as follows and renumber accordingly: contain the following: 2-13.3.7 Multiple break shells with salutes and shells consisting of (a) Information on how to safely setup and ignite the display multiple salute inserts or components shall meet the following fireworks by both manual and electrical means; requirements: (b) Performance data on the display fireworks, including 1. Final or “bottom” shots (salutes) on multiple break shells estimated fuse burn time for manual ignition, performance height shall not exceed the criteria for single break salutes. and burst radius, fallout area, and mortar type and placement for 2. Aerial shells containing multiple salutes shall consist of aerial shells, and performance time and height for other aerial component salutes not exceeding 3 in. and 3 oz individually. fireworks; 3. Requirements of ruse and operator restrictions described for (c) Any special first aid data or action to be taken in the event of single break salutes shall apply, except that multi-break shells shall burns or oral ingestion of the internal composition(s); be permitted to be fired from steel mortars buried in the ground, (d) Information on the proper and safe disposal of the display troughs, or drums. fireworks, if it is a dud, if it has become too old, has been Do not define report or bottom as recommended. subjected to conditions that could impair its performance, or, in COMMITTEE STATEMENT: The Committee accomplished the the opinion of the user, has become unsafe; intent of the submitter regarding salute size limits by incorporating (e) Any special action that shall be taken to fight any fire in the requirements proposed for the new edition of NFPA 1123, which stored display fireworks are involved; Code for Fireworks Display. (f) Any other precautions needed for the storage, handling and The Committee did not add the definitions since no specific use of that particular display fireworks. language was provided and the Committee does not believe the SUBSTANTIATION: The Committee has required instructions in definitions are needed in the code. NFPA 1127 for high power model rocket motors. The Committee NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 must be consistent in the requirement for instructions for all VOTE ON COMMITTEE ACTION: energetic materials. Manufacturers and suppliers must provide AFFIRMATIVE: 27 users with at the very least some basic information on how to safely NEGATIVE: 1 use the product. NOT RETURNED: 3 Council, Hartmann, Kitchens Instructions are fundamental towards providing for public safety, especially for products that are new or different that an operator ______may not have used before.

1773 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

(Log #14a) 6.#.3 Showroom customers shall not be permitted to handle the 1124- 15 - (3-1, 4.10.4.4, 4.10.4.5): Accept in Principle individual fireworks and variety packs on display without direct SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. assistance from a sales clerk. RECOMMENDATION: Add the following: 6.#.4 All consumer fireworks and variety packs stock at 3.1 Whistle composition. An explosive composition that makes a showrooms shall be stored in an approved storage room(s) or loud hum or whistle when ignited in an tube open on one end, building(s) that meet the requirements of Chapter 2 or Chapter 4. and constitutes the primary pyrotechnic mixture in a whistle. 6.#.5 Approved storage room(s) or building(s) at showrooms Revise the following: shall not be open to the general public for shopping. 4.10.4.4 A maximum of 10 lb (4.5 kg) of salute powder or whistle 6.#.6 Showroom sales clerks shall take orders from customers and composition, either in loose form or in assembled units, shall be fill those orders from the stock in approved storage room(s) or permitted in any process building or area at one time. building(s). 4.10.4.5 Quantities of salute powder or whistle composition in 6.#.7 Orders shall be delivered to the customers in sealed bags or excess of 10 lb (4.5 kg) shall be kept in an approved magazine. cartons at an approved location(s) in the showroom or storage (See 4.10.#) room(s) or building(s). Also resolve the duplication with 4.10.5.3 and 4.10.5.4. Also add the following new text: SUBSTANTIATION: Whistle composition is at least as energetic 6.# Distribution facilities. as salute powder and a lower limit is needed to reduce the chances 6.#.1 Distribution facilities shall not be open to the general of an accident in a process room or area telegraphing to other public. areas. The revision clarifies the quantity limitation. 6.#.2 Distribution facilities shall only conduct wholesale sales. COMMITTEE ACTION: Accept in Principle. 6.#.3 Distribution customers shall be permitted to handle the Add the following new definition: individual fireworks and variety packs without direct assistance 3.1 Whistle composition. A pyrotechnic composition that when from a sales clerk. pressed into a tube with an open end burns in an oscillatory 6.#.4 All consumer fireworks at distribution facilities shall be manner to produce an audible effect. stored in an approved storage room(s) or building(s) in Revise 4.10.4.4 and 4.10.4.5 as follows: accordance with Chapter 2 or Chapter 4. 4.10.4.4 A maximum of 10 lb (4.5 kg) of salute powder, either in 6.#.6 Sales clerks shall take orders from customers and fill those loose form or in assembled units, shall be permitted in any process orders from the stock in approved storage room(s) or building(s). building or area at one time. 6.#.7 Orders shall be delivered to the customers in sealed bags or 4.10.4.5 Quantities of salute powder in excess of 10 lb (4.5 kg) cartons at an approved location(s) in the storage room(s) or shall be kept in an approved magazine. building(s). Add a new section and explanatory information as follows: 6.# Mixed Facilities. 4.10.4.6* A maximum of 10.0 kg (22 lb) of whistle composition 6.#.1 Mixed facilities shall separate their retail and distribution in loose form shall be permitted in any process building or area at operations so the storage room(s) and building(s) are not open to one time. the general public. Add A.4.10.4.6 There is a substantial reduction in the hazard 6.#.2 Sales counters or desks shall be permitted to transact both when whistle composition is in pressed form. retail and wholesale sales. Delete existing 2.6.1.3 and 2.6.1.4. 6.#.3 Wholesale and retail sales at mixed facilities shall be COMMITTEE STATEMENT: The edits to the definition clarified conducted in accordance with all of the requirements of this the meaning and also represented a more technically correct chapter. definition. SUBSTANTIATION: The revision in scope expands the types of The deleted sections are duplicates of 2.6.2.4 and 2.6.2.5. facilities this code will apply to. Showrooms, distribution facilities The Committee revised the proposed wording for 4.10.4.4 and and mixed facilities need to be included but delineated from retail 4.10.4.5 to retain separate requirements for salute powder and outlets, stands and tents. The requirements in the ROP for these whistle composition and added a new 4.10.4.6 and explanatory types of facilities would be unrealistic and too restrictive for these section to address the different hazard between whistle facilities. The existing Chapter 4 Storage of Consumer Fireworks at composition in loose and pressed form. Manufacturing Facilities would not apply to these facilities so there NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 would be a gap between retail and manufacturing. VOTE ON COMMITTEE ACTION: COMMITTEE ACTION: Reject. AFFIRMATIVE: 27 COMMITTEE STATEMENT: The Committee believes the issue of NEGATIVE: 1 distribution facility needs to be addressed but requires further NOT RETURNED: 3 Council, Hartmann, Kitchens study of the specific manner in which to best address it within this document. The Committee has established a task group to address ______this issue and provide language during the comment period. NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 (Log #9a) VOTE ON COMMITTEE ACTION: 1124- 16 - (3-1 and Chapter 6): Reject AFFIRMATIVE: 27 SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. NEGATIVE: 1 RECOMMENDATION: Add the following new text. NOT RETURNED: 3 Council, Hartmann, Kitchens 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 be ______either the general public or the operator of a fireworks display with whatever licenses or permits that are required by the authority (Log #7a) having jurisdiction. For display fireworks the end user should only 1124- 17 - (Chapter 4): Reject be the operator of a fireworks display with whatever licenses or SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. permits that are required by the authority having jurisdiction. RECOMMENDATION: Add a new chapter titled Storage of 3.1 Wholesale sale. The sale of fireworks to other wholesalers or Pyrotechnic Articles at Manufacturing or Distribution Facilities and retailers for subsequent resale. mirror the requirements in existing Chapter 4 3.1 Mixed facility. A facility where both retail and wholesale sales OR are conducted. Revise existing Chapter 4 and include pyrotechnic articles with Also add the following new text: consumer fireworks. 3.1 Showroom. A retail or wholesale facility where individual SUBSTANTIATION: Currently NFPA 1124 addresses the handling consumer fireworks and variety packs are displayed for viewing by and storage of display fireworks and consumer fireworks, but does potential customers and all stock is stored in a storage room(s) or not address the handling and storage of pyrotechnic articles. As a building(s). result some authorities having jurisdiction have required the 3.1 Mixed facility. A retail or wholesale facility that sells consumer assembly, packaging or packing of these in process buildings or the fireworks to the general public and dealers. storage of these devices in approved magazines. Pyrotechnic Also add the following new text: articles should be permitted to be assembled, packaged and 6.# Showrooms. packed in non-process buildings, and stored in storage buildings as 6.#.1 Showrooms shall display only individual consumer fireworks long as fundamental fire and theft protection measures are taken. and variety packs for viewing by potential customers. COMMITTEE ACTION: Reject. 6.#.2 Individual consumer fireworks and variety packs displayed in COMMITTEE STATEMENT: No specific language was provided showrooms shall be inert, or wrapped in clear cellophane paper with the submittal. The Committee believes the issue of with covered fuses, or in some other similar fashion. distribution facility needs to be addressed but requires further

1774 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA study of the specific manner in which to best address it within this study of the specific manner in which to best address it within this document. The Committee has established a task group to address document. The Committee has established a task group to address this issue and provide language during the comment period. this issue and provide language during the comment period. NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 VOTE ON COMMITTEE ACTION: VOTE ON COMMITTEE ACTION: AFFIRMATIVE: 27 AFFIRMATIVE: 27 NEGATIVE: 1 NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens NOT RETURNED: 3 Council, Hartmann, Kitchens ______(Log #12a) (Log #CP2) 1124- 18 - (Chapter 4): Reject 1124- 19 - (4-1.4, Table 4.1.4, Appendix A.4.1.4): Accept SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. SUBMITTER: Technical Committee on Pyrotechnics RECOMMENDATION: Revise the title of 4-18 to “Operations in RECOMMENDATION: Delete 4.1.4 and the accompanying Table Storage Buildings and Work Buildings, Rooms or Areas” and 4.1.4 and the appendix reference A.4.1.4. renumber accordingly. SUBSTANTIATION: The deleted section does not apply to Define the term Work Building, Room or Area as follows, and manufacture of fireworks and is not appropriately addressed within revise the term work areas as used in 4-19 accordingly. this chapter. The Committee has assigned this topic to a task A.3 Work Building, Room or Area. A building, room or area group to develop the requirements. where finished consumer fireworks are unpacked from shipping COMMITTEE ACTION: Accept. cartons, labeled, packaged, or packed into shipping containers, or NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 other non manufacturing operations are conducted. VOTE ON COMMITTEE ACTION: Work Buildings, Rooms or Areas are typically found at AFFIRMATIVE: 27 Manufacturing Facilities, Distribution Facilities, or Retail Facilities NEGATIVE: 1 and are considered non-process buildings, rooms or areas. NOT RETURNED: 3 Council, Hartmann, Kitchens Also revise 4.19.1 as follows: “Work Buildings, Rooms or Areas shall be separated from Storage ______Buildings, Consumer Fireworks Retail Sales Stands, Showrooms, and Retail Stores and any stored consumer fireworks by a wall with (Log #15a) a fire-resistance rating of 1 hour or by a minimum separation 1124- 20 - (4-10.6.3, 4.10.6.4): Accept in Principle in Part distance of 25 ft (7.6 m).” SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. Add a new 4-19.3 as follows: RECOMMENDATION: Change 4.10.6.3 as follows: “No more than 2,000 lb (908 kg) of consumer fireworks shall be “Up to 50 lb (22.7 kg) of pyrotechnic composition, stars, permitted in any work building, room or area at one time.” unfinished fireworks or finished display fireworks placed in And add a new 4-19.3 as follows: covered, nonferrous containers shall be permitted to be stored in “No more than 2,000 lb (908 kg) of consumer fireworks shall be an approved indoor magazine that is inside a process building.” permitted in any work building, room or area at one time.” Change 4.10.4.3 as follows: Add a new 4-19.44.19.4* as follows: “Pyrotechnic composition, stars, unfinished fireworks or finished “The number of occupants in each work building, room or area display fireworks shall be permitted to be stored in a process shall not exceed the number necessary for proper conduct of building when in compliance with 4.10.6.3 or 4.10.6.4.” packaging or other operations.” Add a new 4.10.6.4 and renumber other sections accordingly: A.4.19.4 This requirement is for purposes of minimizing “Up to 500 lb (227 kg) of pyrotechnic composition, stars, or personnel exposure and is distinct from any requirement on unfinished fireworks, or 10 lb (4.5 kg) of salute components or maximum building occupancy that might exist in local ordinances. unfinished salutes, shall be permitted to be kept in-process inside Add a new 4-19.54.19.5 as follows: an approved process building (See 4.10.5.2 and 4.10.5.3). Such “Operations in work buildings, rooms or area shall be limited to process buildings shall meet the table of distances, theft resistance the opening of shipping cartons, packaging of assortments or and fire resistance requirements for a Type 2 magazine if salute preparatory work to product for retail display, the repacking and components or unfinished salutes are in process, or a Type 4 sealing of shipping cartons, the moving and stacking of sealed magazine if pyrotechnic composition, stars, or unfinished fireworks shipping cartons, housekeeping and similar activities.” are in process.” Revise 4.18.2 to read as follows: SUBSTANTIATION: The wording of 4.10.6.3 is confusing and “Operations in consumer fireworks storage buildings shall be sounds as if only 50 lbs can be held in a process building, when limited to the opening of shipping cartons, the repacking and actually the limit is 500 pounds. It is trying to say that only 50 sealing of shipping cartons, the moving and stacking of sealed pounds can be in the indoor magazine within a process building. shipping cartons, housekeeping and similar activities.” The revision makes this clear. Revise the last sentence in 4.18.3.2 by replacing the word 4.10.6.3 also conflicts with existing 4.10.4.3, with one permitting "magazine" with the words "storage building" so it now reads: storage while the other restricting storage. 4.10.4.3 also currently "Storage buildings shall be kept clean, dry, and free of grit, paper, refers to the wrong paragraph. empty used packages, and rubbish. Brooms and other cleaning ATF grants variances for keeping unfinished product in-process utensils shall not have spark-producing metal parts. Sweepings inside process buildings. Without such variances manufacturers from storage buildings floors shall be disposed of in compliance would not be able to dry fireworks overnight using dehumidifiers with all applicable regulations.” and heat. The new provision allows this when approved by the SUBSTANTIATION: The term "Work Area" is used in 4-5 but is authority having jurisdiction. not defined or classified. The term implies a room but also could COMMITTEE ACTION: Accept in Principle in Part. be a separate building or an area outside a building. It is necessary Reject proposed change to 4.10.6.3 and 4.10.4.3 to delineate these from process buildings, rooms or areas where Add a new 4.10.6.4 and renumber other sections accordingly: manufacturing operations are conducted so that the requirements When approved by the Bureau of Alcohol, Tobacco and Firearms for process buildings, rooms or areas are not applied to these and the AHJ, up to 500 lb (227 kg) of pyrotechnic composition, facilities. stars, or unfinished fireworks, which shall be permitted to include Work Building, Room or Areas can be found at a variety of up to 10 lb (4.5 kg) of salute components or unfinished salutes and facilities, not just consumer fireworks buildings at manufacturing up to 10 kg (22 lb) of whistle composition in loose form, shall be facilities, and these standards should apply to all facilities. permitted to be kept in-process inside an approved process Limitations on quantities and occupants should be established in building. Such process buildings shall meet the table of distances Work Buildings, Rooms or Areas, because there always is the and construction requirements for a Type 2 magazine if salute likelihood of loose powders. This is especially a safety components or unfinished salutes are in-process, or a Type 4 consideration with the common use of shrink wrap machines for magazine if pyrotechnic composition, including whistle packing of assortments. composition, stars or unfinished fireworks are in process. Finally 4-18.3.2 needs to be revised because storage buildings are COMMITTEE STATEMENT: The proposed changes to 4.10.6.3 not magazines, although housekeeping in them is just as important. and 4.10.4.3 were rejected because the requirements are already COMMITTEE ACTION: Reject. covered in 4.9.4.4 and 4.9.3.3. COMMITTEE STATEMENT: The Committee believes the issue of distribution facility needs to be addressed but requires further

1775 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

The Committee modified the proposed revision to 4.10.6.4 to 6.3.2 Mixed Uses. Where consumer fireworks retail sales facilities include whistle composition. Other changes are editorial in nature are located in a building containing other tenants, the consumer and the intent of the submitter has been satisfied. fireworks retail sales facility shall be completely separated from the NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 other tenants by fire barriers having a fire resistance rating of not VOTE ON COMMITTEE ACTION: less than one hour. Any door or window openings in fire barrier AFFIRMATIVE: 27 walls shall be protected with fire doors or fire windows having a NEGATIVE: 1 fire protection rating of not less than 3/4-hr and shall be installed NOT RETURNED: 3 Council, Hartmann, Kitchens in accordance with NFPA 80, Standard for Fire Doors and Fire Windows. Any openings in fire barrier floors and any penetrations ______of the fire barriers shall be protected in accordance with NFPA 101, Life Safety Code. (Log #4) 6.3.3 Storage Areas. Storage rooms or areas used to store 1124- 21 - (Chapter 6 (New)): Accept in Principle consumer fireworks shall be separated from the retail sales area by SUBMITTER: Julie L. Heckman, American Pyrotechnics Assn. a fire barrier having a fire resistance rating of not less than 1 hr. RECOMMENDATION: Add a new Chapter 6, Retail Sales of Door and window openings in the fire barrier wall shall be Consumer Fireworks, to read as follows: protected by fire doors or fire windows having a fire protection Chapter 6 Retail Sales of Consumer Fireworks rating of not less than 3/4 hr and shall be installed in accordance 6.1 Applicability. Retail sales facilities where consumer fireworks with NFPA 80, Standard for Fire Doors and Fire Windows. Any are sold to the general public shall comply with the requirements other openings or penetrations in the fire barrier wall shall be of this chapter. The requirements of this chapter shall be protected in accordance with NFPA 101, Life Safety Code. applicable to permanent buildings and structures and temporary 6.4 Site Requirements. facilities including consumer fireworks retail sales stands, tents, 6.4.1 Fire Department Access. Any portion of an exterior wall of a canopies, and membrane structures. building, sidewall of a tent, or other defined perimeter of a Exception: Permanent retail sales buildings or mercantile consumer fireworks retail sales facility shall be located not more occupancies where the floor area of the space containing than 150 ft (45.7 m) from a fire apparatus access road or public consumer fireworks including immediately adjacent aisles does not way as measured by an approved route around the exterior of the exceed 10 percent of the floor area of the entire retail sales space facility. within which the consumer fireworks are placed on display for sale. 6.4.2 The area located within the minimum clearance required for 6.2 Basic Requirements. combustibles around a temporary consumer fireworks retail sales 6.2.1 Where required by state or local laws, ordinances, or facility shall be kept free of accumulation of dry grass, dry brush regulations, a permit shall be obtained to construct, erect and and combustible debris. operate any permanent building or structure, temporary structure, 6.4.3 No motor vehicle or trailer shall be parked within 20 ft (6.1 tent or canopy used for the purpose of selling consumer fireworks m) of a temporary consumer fireworks retail sales facility except to the public and for the storage of consumer fireworks in when delivering, loading or unloading fireworks or other connection with such sales. merchandise and materials used, stored, or displayed for sale in 6.2.2 Where required by state or local laws, ordinances, or the facility. regulations, plans shall be submitted to the authority having 6.4.4 Fireworks shall not be ignited, discharged, or otherwise used jurisdiction with the permit application. The plans shall include within 100 ft (30.5 m) of a consumer fireworks retail sales facility. the design, details and specifications for the following: At least one sign reading “NO FIREWORKS DISCHARGE (a) Maximum quantities and types of consumer fireworks to be WITHIN 100 FEET” in letters at least 2 in. (5.1. cm) high on a displayed for sale and stored. contrasting background shall be conspicuously posted on the (b) Distances from public ways, property lines, buildings, other exterior of each side of the facility. consumer fireworks retail sales facilities, parking areas, motor 6.4.5 No smoking shall be allowed inside or within 20 ft (6.1 m) of vehicle fuel-dispensing stations, retail dispensing stations, the consumer fireworks retail sales facility. At least one sign flammable and combustible liquid storage, and flammable gas and reading “NO SMOKING WITHIN 20 FEET” in letters at least 2 in. flammable liquefied gas bulk storage and dispensing areas within (50.8 mm) high on a contrasting background shall be 100 ft (30.5 m) of the facility used for the retail sales of consumer conspicuously posted on the exterior of each side of the facility and fireworks. within the facility. (c) Vehicle access and parking areas. 6.5 Separation Distances. (d) Location and type of fire appliances. 6.5.1 Permanent Facilities. Permanent buildings and structures (e) Floor plan and layout of storage and displays to indicate used for the retail sales of consumer fireworks shall be separated compliance with this chapter. from adjacent property lines that can be built upon and buildings (f) Means of egress. on the same site in accordance with the building code enforced by (g) Construction details. the authority having jurisdiction. For jurisdictions that do not 6.3 Construction. enforce a local building code, the following construction 6.3.1 Buildings and Structures. Consumer fireworks shall be requirements shall apply: allowed to be sold at retail in any of the following buildings or (a) Buildings having an area not greater than 8,000 sq ft shall be structures: allowed to be constructed of any suitable construction materials. (a) Permanent building or structure constructed in accordance (b) Buildings having an area greater than 8,000 sq ft shall be with the building code enforced by the authority having constructed entirely of noncombustible or limited-combustible jurisdiction. materials. (b) Temporary structure constructed in accordance with this Exception: Buildings with exterior walls having a fire resistance chapter. Any temporary consumer fireworks retail sales stand rating of not less than 2 hr shall be permitted to have the roof greater than 800 sq ft (74 m2 ) in area shall meet the requirements decking and its supporting structure and interior partitions for a permanent structure. constructed of combustible materials. Exception: Tents, canopies, and membrane structures. (c) Roof coverings for any building shall have a minimum Class (c) Tents, canopies, or temporary membrane structures C rating. complying with NFPA 102, Standard for Grandstands, Folding and 6.5.2 Temporary Facilities. temporary consumer fireworks retail Telescopic Seating, Tents, and Membrane Structures. sales facilities shall be located as specified in Table 6.5.

Table 6.5 Temporary Consumer Fireworks Retail Sales Facilities — Minimum Separation Distances 1 TO: Buildings Combustibles Property Line Vehicle Parking Public Way Storage of Consumer FROM: (feet) (feet) (feet) (feet) (feet) Fireworks2 Tents 25 25 20 20 0 25 Stands3 25 6 5 20 0 25 1 1 ft - 30.5 cm 2 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 sales accordance with NFPA 101, Life Safety Code. Exit signs shall not facilities shall not be located within 50 ft (15.2 m) of any motor be required to be illuminated in tents that are not intended to be vehicle fuel-dispensing station dispenser, retail propane dispensing open after dusk or in temporary consumer fireworks retail sales station dispenser, or flammable liquid or combustible liquid, stands which do not allow access by the general public to the flammable gas, or flammable liquefied gas aboveground tank interior of the stand. storage or within 100 ft (30.5 m) of any bulk storage of flammable 6.7.2 Emergency Lighting. The means of egress, including the exit or combustible liquid, flammable gas or flammable liquefied gas discharge, shall be illuminated at all times the facility is occupied including bulk dispensing areas. in accordance with NFPA 101, Life Safety Code. Emergency Exception No. 1: Fuel within the tanks of generators and fuel lighting shall be provided throughout the consumer fireworks retail storage for generators in accordance with 6.10.3. sales facility. The emergency lighting system shall comply with Exception No. 2: Fuel within the tanks of motor vehicles. NFPA 101, Life Safety Code. 6.6 Means of Egress. Exception: The emergency lighting system shall not be required 6.6.1 General. Means of egress in all permanent consumer for tents that are not intended to be open for business after dusk or fireworks retail sales buildings or structures shall comply with the for temporary consumer fireworks retail sales stands which do not applicable requirements of NFPA 101, Life Safety Code, except as allow access by the general public to the interior of the stand. modified by this section. Means of egress in tents and membrane 6.8 Portable Fire Extinguishers. structures used for consumer fireworks retail sales shall comply 6.8.1 Installation. Portable fire extinguishers shall be installed in with NFPA 102, Standard for Grandstands, Folding and Telescopic accordance with NFPA 10, Standard for Portable Fire Seating, Tents, and Membrane Structures. Means of egress in Extinguishers. temporary consumer fireworks retail sales stands shall comply with 6.8.2 Minimum Number. Every consumer fireworks retail sales this section. facility shall have not less than two portable fire extinguishers with 6.6.2 Fire Safety and Evacuation Plan. An approved fire safety and a minimum 2A rating. At least one of the required fire evacuation plan shall be prepared in writing and maintained extinguishers shall be of the pressurized water type. current. The evacuation plan shall be posted in a conspicuous Exception: Temporary consumer fireworks retail sales stands less location which is accessible by the general public as well as by than 200 sq ft (18.6 m2 ) in area shall only be required to have one persons employed or otherwise working in the facility. portable fire extinguisher. Exception: Temporary consumer fireworks retail sales facilities. Where more than one portable fire extinguisher is required, at 6.6.3 Aisles. Aisles serving as a portion of the exit access in least one fire extinguisher shall be of the multi-purpose dry consumer fireworks retail sales facilities shall comply with this chemical type. section. 6.8.3 Location. Portable fire extinguishers shall be installed and 6.6.3.1 Aisle Width. Aisles shall have a minimum clear width of 44 located so that the maximum distance of travel required to reach in. (1.1. m). The required width of aisles shall be maintained an extinguisher from any point in the consumer fireworks retail unobstructed at all times the facility is occupied by the general sales facility shall not exceed 35 ft (8.9 m). public. Exception: Portable fire extinguishers for permanent consumer Exception: In temporary consumer fireworks retail sales stands fireworks retail sales facilities shall be permitted to be located with where the interior is not accessible to the public, the minimum a maximum distance of travel as specified in NFPA 10, Standard for clear width of the aisle shall be not less than 28 in. (71 cm). Portable Fire Extinguishers. 6.6.3.2 Aisle Arrangements. At least one exit access aisle shall be 6.9 Retail Sales Displays. provided and arranged so that travel along the aisle leads directly to 6.9.1 Height of Sales Displays. Partitions, counters, shelving, an exit door without a change in the direction of the path of travel. cases, and similar space dividers shall not be greater than 5 ft (1.5 Each exit door shall be located so that at least one exit access aisle m) in height within the perimeter of the retail sales area. is arranged so that travel along the aisle leads directly to the door Merchandise on display or located on shelves or counters or other without a change in the direction of the path of travel. Exit access fixtures shall not be displayed to a height greater than 5 ft (1.5 m) aisles shall terminate at an exit door, another exit access aisle, or a Exception No. 1: Where located along the perimeter of the sales cross aisle. No exit access aisle shall terminate in a dead-end aisle. area such that visual access of the sales area is not obstructed. Where more than one aisle is provided, at least one exit access Exception No. 2: Where mirrors or other means are provided such cross aisle shall have an unobstructed connection with every exit that visual access to the entire sales area is maintained. access aisle, except other cross aisles, in each 50 lineal ft (15.2 m) Exception No. 3: Temporary consumer fireworks retail sales stands or fraction thereof of each aisle in the retail sales area. where the general public does not have access to the interior of the 6.6.4 Number of Exits. The minimum number of exits provided stand. from the retail sales area shall be at least 3 or as determined in 6.9.2 Fire Breaks. Where continuous displays of merchandise are accordance with NFPA 101, Life Safety Code, whichever requires located on shelving, cases, counters, and similar display fixtures, a the greater number. fire break shall be provided so that the maximum distance between Exception: Temporary consumer fireworks retail sales stands shall fire breaks does not exceed 16 ft (4.9 m) as measured along the be permitted to have not less than 2 exits. length of the display. The fire break shall extend to the full height 6.6.5 Exit Access Travel Distance. Exits provided for the retail and depth of the displayed merchandise plus an additional 6 in. sales area of permanent fireworks retail sales buildings and (15 cm) or to the underside of the shelving directly above. Where structures and tents, membrane structures, and canopies shall be prepackaged fireworks merchandise is installed on the same level so located so that the maximum length of exit access travel, of the same display fixture as individual unpackaged fireworks measured from the most remote point to the entrance, to an exit devices, a fire break shall not be required provided the continuous along the natural and unobstructed path of egress travel, shall not length of the prepackaged fireworks merchandise is not less than 8 exceed 75 ft (22.9 m). Exits provided for temporary fireworks retail ft (2.4 m). Where a merchandise display level contains sales stands shall be arranged so that the maximum length of exit prepackaged fireworks merchandise, such merchandise shall be access travel shall not exceed 35 ft (8.9 m). allowed to be installed in a continuous length on the same level 6.6.6 Doors. Doors used in the means of egress shall comply with not to exceed 32 ft (9.8 m) without a fire break. An aisle having a this section. minimum width of 44 in. (1.1 m) shall be an acceptable fire break. 6.6.6.1 Size of Doors. Egress doorways shall be of a size as to Where the displays of merchandise face aisles along both sides of accommodate the installation of a door not less than 36 in. (91 the display fixtures, a fire break shall be installed between the cm) in width. Exit openings from tents shall have a clear opening display fixtures so as to separate the merchandise on one side of width of not less than 44 in. (1.1. m). the aisle from the merchandise that backs up to it facing the aisle Exception: Egress doors provided for temporary fireworks retail on the opposite side of the merchandise. All shelving or other sales stands where the interior is not accessible to the public shall surfaces used to support fireworks display merchandise shall be be permitted to be not less than 28 in. (71 cm) in width. solid and shall be constructed of materials required for the 6.6.6.2 Panic Hardware. Every egress doorway that has a latching construction of fire breaks or tempered glass. device shall be provided with panic hardware complying with Exception: Temporary consumer fireworks retail sales stands NFPA 101, Life Safety Code. where the general public does not have access to the interior of the Exception: Temporary consumer fireworks retail sales stands. stand. 6.6.6.3 Door Swing. Means of egress doors shall be of the side- 6.9.3 Covered Fuses. Only consumer fireworks meeting the hinge swinging type and shall be arranged to swing in the direction criteria for covered fuses as defined in Section 1-4 shall be allowed of egress travel. to be displayed for sale. 6.7 Exit Signs and Emergency Lighting. Exception: Individual consumer fireworks items displayed for sale 6.7.1 Exit Signs. Exit access doors shall be marked by an approved in temporary consumer fireworks retail sales stands where the exit sign readily visible from any direction of egress travel in general public does not have access to the interior of the stand.

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6.10 Equipment. age within the retail sales area shall at all times be accompanied by, 6.10.1 Battery powered equipment, electrical equipment and and be under the direct supervision of, a responsible person not electrical cords which are used in conjunction with a consumer less than 18 years of age who is not an employee or worker for the fireworks retail sales facility or location shall be listed and shall be facility. used in accordance with their listing. Temporary wiring installed 6.11.11 Consumer fireworks sellers shall not knowingly sell in a temporary structure including tents and canopies shall comply fireworks to any person obviously under the influence of alcohol or with Article 305 of NFPA 70, National Electrical Code. drugs. When temporary electrical conductors are placed on top of the SUBSTANTIATION: The current code does not address retail ground surface to connect the permanent power source to the sales or storage of consumer fireworks. The standard should temporary consumer fireworks retail sales facility’s temporary provide such guidance to the 40 states that permit consumer electrical system, the conductors shall be provided with physical fireworks to be sold to the public. protection against damage caused by pedestrian or vehicular traffic. COMMITTEE ACTION: Accept in Principle. 6.10.2 All heating units shall be listed and shall be used in COMMITTEE STATEMENT: See Committee Proposal 1124-31 accordance with their listing. Heating sources shall have tip-over (Log #CP3). and temperature overheat protection. Open flame heating devices NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 shall be prohibited. VOTE ON COMMITTEE ACTION: 6.10.3 Generators shall only use combustible fuel and shall be AFFIRMATIVE: 27 located not less than 20 ft (6.1 m) from the consumer fireworks NEGATIVE: 1 retail sales facility. Combustible generator fuel shall be limited to NOT RETURNED: 3 Council, Hartmann, Kitchens not more than 5 gal (18.9 L) and shall be stored at least 20 ft (6.1 COMMENT ON AFFIRMATIVE: m) from the facility. WEETH: The Committee work in this area has been Exception: Generators shall be allowed to use flammable fuel phenomenal, however it is far from complete. The inclusion of the provided the quantity of such fuel is limited to 2 gal (7.6 L). retail sales of consumer fireworks in a manufacturing, 6.10.4 Cooking equipment of any type shall not be allowed within transportation and storage document means extra care needs to be 20 ft (6.1 m) of tents, canopies, or membrane structures. taken to ensure that a facility operator or AHJ does not confuse 6.11 Operations. standards and recommendation. 6.11.1 A clear aisle or walkway not less than 28 in. (71 cm) wide Pyrotechnic articles and consumer fireworks need to be carefully shall be maintained inside the full length of temporary consumer segregated in order to avoid cross over misapplications of the fireworks retail sales stands. Customers shall not be permitted document. Also it must be made clear that specific requirements inside a temporary consumer fireworks retail sales stand unless it for consumer fireworks retail sales apply no matter how big or complies with the means of egress requirements in Section 6.6. small the facility or store is, while others apply based on the size 6.11.2 Exits shall remain unlocked and unobstructed during the and type of structure as well as the potential occupant load and the hours of operation and when the facility is otherwise occupied. consumer fireworks load during critical peak sales periods. 6.11.3 Consumer fireworks retail sales facilities shall be secured WESTCOTT: See my Comment on Affirmative on Proposal 1124- when unoccupied and not open for business unless fireworks are 8 (Log #5). not kept in the facility during those times. the fireworks displayed or stored in the facility shall be allowed to be removed and ______transferred t a temporary storage structure or location approved as a part of the permit. (Log #1a) 6.11.4 At least one adult person, 18 years of age or older, shall be 1124- 22 - (7-1): Reject present at all times in a consumer fireworks retail sales facility SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. during the hours of sale to the public and shall be responsible for RECOMMENDATION: Add a section 7.#.1 Packaging and supervision of the facility and its operation. No person under the covering to the proposed new Chapter 7 for the retail sales of age of 16 shall be allowed to work within a consumer fireworks consumer fireworks that establishes covering and packaging retail sales facility except for temporary consumer fireworks retail standards for the different types of consumer fireworks and the sales stands where the minimum age shall be 14 unless otherwise different types of ignition points and sources that exist. allowed by state or local laws, ordinances, or regulations. SUBSTANTIATION: The issue of covered fuses and packaging is 6.11.5 In temporary consumer retail sales stands, consumer complex. There are consumer fireworks that have safety fuse, fire fireworks, except for prepackaged assortments, boxes, or similarly cracker fuse and touchpaper as their ignition points. There are packaged containers of more than one item, whether of the same consumer fireworks that have exposed composition as their or different kind, shall be displayed for sale in a manner which ignition points. And there are consumer fireworks that operate by prevents the fireworks from being directly handled by persons other pull strings or from impact or friction. Both fuses and exposed than those operating or supervising the temporary consumer composition should be covered, and the types of coverings need to fireworks retail sales stand. Direct intervention by the seller or his have standards established so they are effective. or her representative shall be required in order for any other COMMITTEE ACTION: Reject. person to handle the fireworks. Prior to the sale or purchase, the COMMITTEE STATEMENT: The submitter provided no specific seller shall be able to maintain visual contact with any person recommendation with the submittal. handling the fireworks outside of the stand. NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 6.11.6 Consumer fireworks sellers shall not knowingly sell VOTE ON COMMITTEE ACTION: fireworks to persons under the age of 16 unless the person is AFFIRMATIVE: 27 accompanied by a responsible person not less than 18 years of age NEGATIVE: 1 or as otherwise required by local or state laws, ordinances, or NOT RETURNED: 3 Council, Hartmann, Kitchens regulations. 6.11.7 Where not otherwise required by local or state laws, ______ordinances, or regulations, a sign reading “NO SALE OF FIREWORKS TO PERSONS UNDER THE AGE OF 16 YEARS. (Log #16a) PHOTO ID REQUIRED” in letters at least 2 in. (5.1 cm) high on 1124- 23 - (7-1): Accept in Principle in Part contrasting background shall be conspicuously posted on the front SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. of each consumer fireworks retail sales facility and at the location RECOMMENDATION: Add a section to the proposed new where the sales are transacted. chapter 7 for the retail sales of consumer fireworks. 6.11.8 Consumer fireworks sellers shall require proof of age of any 7.#.1 Housekeeping. fireworks purchaser by means of a driver’s license or photo 7.#.1.1 Buildings or structures where consumer fireworks are identification card, showing date of birth, as issued by a public or displayed for sale or stored shall be kept clean, dry, and free of grit, private school or municipal, county, state, federal or foreign paper, empty used packages, and rubbish. government. 7.#.1.2 Shelves, bins and floors where consumer fireworks are 6.11.9 All personnel employed in handling consumer fireworks displayed for sale or stored shall regularly be inspected for loose within a permanent facility shall be trained as required by the U.S. powder or dust. Department of Transportation and the Occupational Safety and 7.#.1.2.1 Any loose powder or dust discovered shall be swept or Health Administration as appropriate for the purpose of being wiped up by hand and removed immediately. Vacuum cleaners or employed in the operation of a consumer fireworks retail sales or other mechanical cleaning devices shall not be used. storage facility. 7.#.1.2.2 Any consumer fireworks displayed for sale or stored 6.11.10 Where the general public has access to the interior of a nearby shall be carefully reinspected for damage or leaks and consumer fireworks retail sales facility, persons less than 16 years of

1778 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA removed according to Section 7.# Inspection for Damaged COMMITTEE STATEMENT: The Committee accepted .1 and .3 Product. but modified the distances to reflect those that are believed to be 7.#.1.3 Brooms, brushes and dustpans used to sweep up any loose more realistic in their application. powder or dust shall be made of non-sparking materials. The Committee rejected .2, .4 as these proposed changes are 7.#.1.4 The area around buildings or structures where consumer covered by .1 and .3 accepted in this proposal. The Committee fireworks are displayed for sale or stored shall be kept clear of rejected .5 as they believed it was more appropriate for the brush, dried vegetation, leaves, and similar combustibles for a Mercantile Committee of the Committee on Safety to Life. distance of at least 25 ft (7.6 m). NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 7.#.1.5 The area buildings or structures where consumer fireworks VOTE ON COMMITTEE ACTION: are displayed for sale or stored shall be kept clear of paper, empty AFFIRMATIVE: 27 used packages and other rubbish. All paper, empty used packages NEGATIVE: 1 and other rubbish shall be kept in closed receptacles until removed NOT RETURNED: 3 Council, Hartmann, Kitchens for proper disposal. SUBSTANTIATION: Housekeeping in and around buildings or ______structures where consumer fireworks are displayed for sale or stored is important for safety. (Log #19a) COMMITTEE ACTION: Accept in Principle in Part. 1124- 25 - (7-1): Reject Add a section on Housekeeping to the proposed new chapter 7 for SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. the retail sales of consumer fireworks. RECOMMENDATION: Add a section 7.#.1 Packaging and 7.#.1* Housekeeping. covering to the proposed new chapter 7 for the retail sales of A.7.#.1 Refer to Material Safety Data Sheet (MSDS) for additional consumer fireworks that establishes covering and packaging information. standards for the different types of consumer fireworks and the 7.#.1.1 Consumer fireworks retail sales areas and storage rooms different types of ignition points and sources that exist. shall be kept free of accumulations of debris and rubbish. SUBSTANTIATION: The issue of covered fuses and packaging is 7.#.1.2 Any loose pyrotechnic composition shall be removed complex. immediately. There are consumer fireworks that have safety fuse, fire cracker 7.#.1.3 Vacuum cleaners or other mechanical cleaning devices shall fuse and touchpaper as their ignition points. There are consumer not be used. fireworks that have exposed composition as their ignition points. 7.#.1.4 Brooms, brushes and dustpans used to sweep up any loose And there are consumer fireworks that operate by pull strings or powder or dust shall be made of non-sparking materials. from impact or friction. Both fuses and exposed composition COMMITTEE STATEMENT: The Committee accepted the should be covered, and the types of coverings need to have recommendations for 7.#.1.1, 7.#.1.2, 7.#.1.2.1, and 7.#.1.3. Some standards established so they are effective. editorial changes were made but for those sections being included COMMITTEE ACTION: Reject. the intent of the submitter has been retained. COMMITTEE STATEMENT: The submitter provided no specific Those recommended sections not accepted were rejected because recommendation with the submittal. they are covered elsewhere within the code, such as the NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 requirement to inspect product and remove damaged product. VOTE ON COMMITTEE ACTION: NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 AFFIRMATIVE: 27 VOTE ON COMMITTEE ACTION: NEGATIVE: 1 AFFIRMATIVE: 27 NOT RETURNED: 3 Council, Hartmann, Kitchens NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens ______(Log #17a) 1124- 26 - (7-1, 7.2, 7.3, 7.4): Accept in Principle in Part (Log #18a) SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. 1124- 24 - (7-1): Accept in Principle in Part RECOMMENDATION: Add a section to the proposed new SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. chapter 7 for the retail sales of consumer fireworks. RECOMMENDATION: Add a section to the proposed new 7.#.1 Inspection for Damaged Product. chapter 7 for the retail sales of consumer fireworks. 7.#.1.1 Inspection prior to display for sale. 7.#.1 Distances from Entrances and Exits. 7.#.1.2 Prior to any consumer fireworks being put on display for 7.#.1.1 No consumer fireworks shall be displayed for sale or sale, the consumer fireworks and the package shall be inspected for stored within 8 feet (# m) of any public entrance in an enclosed any damage. building or structure. 7.#.1.3 The inspection shall check for any leaks or tears to the 7.#.1.2 Consumer fireworks shall be permitted to be displayed for item or the package, leaking powders, broken or missing fuses, sale or stored within 8 feet (# m) of any public entrance in an open uncovered fuses, water or crush damage, missing or damaged building or structure. labels, warnings or instructions, missing or broken bases or 7.#.1.3 No consumer fireworks shall be displayed for sale or stabilizers, etc. stored within 4 feet (# m) of any public exit, or private entrance or 7.#.1.4 During the inspection the liner of the shipping carton and exit in an enclosed building or structure. the shipping carton shall be inspected for any loose powders or 7.#.1.4 Consumer fireworks shall be permitted to be displayed for dust, missing pieces or fuses, etc. sale or stored within 4 feet (# m) of any of any public exit, or 7.#.1.5 No consumer fireworks that is damaged or has a damaged private entrance or exit in an open building or structure. package shall be put on display for sale. 7.#.1.5 No flammable liquids, flammable gasses, aerosol cans or 7.#.1.6 Any consumer fireworks or package that is damaged shall other hazardous or readily combustible materials shall be displayed be returned to a shipping carton that is kept closed, is clearly for sale or stored within 4 feet (# m) of any public exit, or private marked "DAMAGED" and is kept in the storage area, room or entrance or exit in an enclosed building or structure. building. SUBSTANTIATION: Emergency egress from a building or 7.#.2 Inspection when displayed for sale. structure will be greatly improved if consumer fireworks and other 7.#.2.1 All consumer fireworks and their packages on display for products are kept away from entrances and exits. Also by moving sale shall regularly be inspected for damage. consumer fireworks at least 8 feet from public entrances, it will 7.#.2.2 Any consumer fireworks or their packages that are reduce the likelihood of mischief. damaged shall be removed from the display for sale and stored in COMMITTEE ACTION: Accept in Principle in Part. accordance with 7.#.1.6.7.#.3 Repairs and returns. Add a section to the proposed new chapter 7 for the retail sales of 7.#.3.1 Consumer fireworks or their packages that are damaged consumer fireworks. shall be permitted to have minor repairs performed that return 7.#.1 Distances from Entrances and Exits. them to near their original condition. 7.#.1.1 No consumer fireworks shall be displayed for sale or A.7.#.3.1 Minor repairs include taping broken outer coverings, stored within 5 feet ( m) of any public entrance in an enclosed taping or gluing loose paper covers or labels, taping to cover fuses, building or structure. replacing or adding labels, warnings or instructions, taping or 7.#.1.3 No consumer fireworks shall be displayed for sale or gluing bases, etc.Minor repairs do not include taping or gluing to stored within 2 feet ( m) of any public exit, or private entrance or stop leaks of pyrotechnic or explosive composition, replacing exit in an enclosed building or structure. ignition fuses, taping or gluing stabilizer fins or sticks, etc. Reject proposed .2, .4, and .5.

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7.#.3.2 Consumer fireworks shall be permitted to be repackaged (Log #13a) for display for sale, provided that the package meets the 1124- 29 - (Entire Document): Reject requirements of 7.#.1 Packaging and covering. SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. 7.#.3.3 Consumer fireworks or their packages that are damaged RECOMMENDATION: Reorganize the entire document as shall be permitted to be returned to the dealer. needed for accuracy and clarity. 7.#.4 Sales of damaged consumer fireworks. Delineate between distribution and manufacturing facilities, retail 7.#.4.1 Consumer fireworks that are damaged in such a way that and wholesale sales, as well as between the finished consumer the damage renders them unusable or unsafe shall not be sold. fireworks, display fireworks and pyrotechnic articles, as well as 7.#.4.2 Consumer fireworks packages that are damaged in such a unfinished fireworks and pyrotechnic articles. way that the damage renders them unusable or unsafe shall not be SUBSTANTIATION: The reorganization of the NFPA 1124 ROP sold. now has some requirements that do not apply to all the new types SUBSTANTIATION: Inspection of product and removal any that of facilities and operations that are being added to the Code. The is damaged is important to a safely operated retail sales outlet. Committee will need to carefully look at the entire document to COMMITTEE ACTION: Accept in Principle in Part. ensure that each type of fireworks and each type of operation is Add the following new requirements on treatment of damaged separated properly. product to the new section on Housekeeping [see Committee COMMITTEE ACTION: Reject. Action and Statement on Proposal 1124-23 (Log #16a).] COMMITTEE STATEMENT: The Committee believes the issue of 7.#.4.1 Consumer fireworks devices that are damaged shall be distribution facility needs to be addressed but requires further removed and not offered for sale. study of the specific manner in which to best address it within this 7.#.4.2 Damaged consumer fireworks shall be permitted to be document. The Committee has established a task group to address returned to the dealer or shall be disposed of properly. this issue and provide language during the comment period. COMMITTEE STATEMENT: The Committee believes that much NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 of the proposed requirements are related to training. The VOTE ON COMMITTEE ACTION: provisions included are the basic requirements. They have been AFFIRMATIVE: 27 included with the new section on Housekeeping, see Committee NEGATIVE: 1 Action and Statement on Proposal 1124-23 (Log #16a). NOT RETURNED: 3 Council, Hartmann, Kitchens NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 VOTE ON COMMITTEE ACTION: ______AFFIRMATIVE: 27 NEGATIVE: 1 (Log #CP1) NOT RETURNED: 3 Council, Hartmann, Kitchens 1124- 30 - (Entire Document): Accept SUBMITTER: Technical Committee on Pyrotechnics ______RECOMMENDATION: Restructure entire document to comply with the NFPA Manual of Style as follows: (Log #9) 1. Chapter 1 to contain administrative text only. 1124- 27 - (Entire Document): Reject 2. Chapter 2 to contain only referenced publications cited in the SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. mandatory portions of the document. RECOMMENDATION: Coordinate the manufacturing, storage 3. Chapter 3 to contain only definitions. and transportation requirements and recommendations between 4. All mandatory sections of the document must be evaluated for NFPA 1124 and NFPA 1125. Use the same definitions, structure, usability, adoptability, and enforceability language. Generate headings and order, tables, etc. in both documents. necessary committee proposals. SUBSTANTIATION: Most of the requirements and 5. All units of measure in document are converted to SI units with recommendations for manufacturing, storage and transportation of inch/pound units in parentheses. low explosives are the same or are similar whether they are for 6. Appendices restructured and renamed as "Annexes." fireworks or for rocket motors. The Committee should revise both SUBSTANTIATION: Editorial restructuring, to conform with the documents so they are as consistent with each other as possible. 2000 edition of the NFPA Manual of Style. COMMITTEE ACTION: Reject. COMMITTEE ACTION: Accept. COMMITTEE STATEMENT: The submitter provided no specific NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 wording or recommendations. See Committee Proposal 1124-31 VOTE ON COMMITTEE ACTION: (Log #CP3). AFFIRMATIVE: 27 NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 NEGATIVE: 1 VOTE ON COMMITTEE ACTION: NOT RETURNED: 3 Council, Hartmann, Kitchens AFFIRMATIVE: 27 NEGATIVE: 1 ______NOT RETURNED: 3 Council, Hartmann, Kitchens (Log #CP3) ______1124- 31 - (Entire Document): Accept SUBMITTER: Technical Committee on Pyrotechnics (Log #2a) RECOMMENDATION: The Technical Committee on 1124- 28 - (Entire Document): Accept in Part Pyrotechnics proposes a complete revision to NFPA 1124, Code for SUBMITTER: Charles Weeth, Skyrockers of La Crosse, Inc. the Manufacture, Transportation, and Storage of Fireworks and RECOMMENDATION: Change the term "pyrotechnic devices" to Pyrotechnic Articles, 1998 edition, as shown at the end of this "pyrotechnic articles" in 1-1.1, 1-1.3, 1-1.4, 1-1.5, and 1-2.1, as well report. as any other locations in the document. SUBSTANTIATION: The Committee Proposal incorporates SUBSTANTIATION: Consistency with the title and uses of the changes consistent with implementing the provisions of the new defined term. Manual of Style, reorganization of Chapters 2, 3, and 4, and the COMMITTEE ACTION: Accept in Part. change in document title to include retail sales and storage of Change the term "pyrotechnic devices" to "pyrotechnic articles" in consumer fireworks. The Committee has developed a new chapter 1-1.1, 1-1.4, 1-1.5, and 1-2.1. addressing requirements for consumer fireworks retail sales Not changed in 1-1.3 as recommended. facilities. COMMITTEE STATEMENT: Pyrotechnic devices was the correct COMMITTEE ACTION: Accept. term as used in 1-1.3 so the Committee did not accept the NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 proposed change in this section as recommended. VOTE ON COMMITTEE ACTION: NUMBER OF COMMITTEE MEMBERS ELIGIBLE TO VOTE: 31 AFFIRMATIVE: 27 VOTE ON COMMITTEE ACTION: NEGATIVE: 1 AFFIRMATIVE: 27 NOT RETURNED: 3 Council, Hartmann, Kitchens NEGATIVE: 1 NOT RETURNED: 3 Council, Hartmann, Kitchens ______

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NFPA 1124 1.3.5 This code shall not apply to the manufacture, transportation, or storage of model rockets or high power rockets, model rocket motors Code for the Manufacture, Transportation, Storage, and or high power rocket motors, model rocket motor reloading kits or Retail Sales of modules, or high power motor reloading kits or modules, as covered by one of the following: Fireworks and Pyrotechnic Articles (1) NFPA 1122, Code for Model Rocketry 2002 Edition (2) NFPA 1125, Code for the Manufacture of Model Rocket and High Power Rocket Motors NOTICE: An asterisk (*) following the number or letter designating a (3) NFPA 1127, Code for High Power Rocketry. paragraph indicates that explanatory material on the paragraph can be found in Annex A. 1.3.6 This code shall not apply to the manufacture, transportation, and storage of fireworks by federal and state military agencies. A reference in brackets [ ] following a section or paragraph indicates material that has been extracted from another NFPA document. The 1.3.7 This code shall not apply to the storage of pyrotechnic devices at complete title and edition of the document the material is extracted the site of use and the use of pyrotechnic special effects in the from is found in Annex E. Editorial changes to extracted material entertainment industry where conducted in accordance with NFPA consist of revising references to an appropriate division in this 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. document or the inclusion of the document number with the division number when the reference is to the original document. Requests for 1.3.8 This code shall not apply to laboratories covered by NFPA 45, interpretations or revisions of extracted text shall be sent to the Standard on Fire Protection for Laboratories Using Chemicals. appropriate technical committee. 1.3.9 This code shall not apply to the manufacture, transportation, or Information on referenced publications can be found in Chapter 2 storage of flammable gases or liquids. and Annex E. 1.3.10 This code shall not apply to fireworks or pyrotechnic articles Chapter 1 Administration used in conjunction with flammable gas or flammable liquid special effects conducted in accordance with NFPA 1123, Code for Fireworks 1.1 Scope. Display, and NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. 1.2 Purpose. The purpose of this code shall be to improve safety in the manufacture, transportation, and storage of fireworks; in 1.4 Equivalency. Nothing in this code is intended to prevent the use pyrotechnic devices used in the entertainment industry; in any of systems, methods, or devices of equivalent or superior quality, component(s) thereof containing pyrotechnic or explosive strength, fire resistance, effectiveness, durability, and safety over those compositions; and in the retail sales of consumer fireworks. prescribed by this code. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency. The 1.3 Application. This code shall apply to the manufacture, system, method, or device shall be approved for the intended purpose transportation, and storage of fireworks, pyrotechnic devices used in by the authority having jurisdiction. the entertainment industry, and any component(s) thereof containing pyrotechnic or explosive compositions and to the retail Chapter 2 Referenced Publications sales of consumer fireworks. 2.1 General. The documents or portions thereof listed in this chapter 1.3.1 This code shall apply to the following: are referenced within this code and shall be considered part of the requirements of this document. (1) Testing of fireworks at a manufacturing facility (2) Testing of pyrotechnic devices used in the entertainment 2.1.1 NFPA Publications. National Fire Protection Association, 1 industry Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101. (3) Testing of any component(s) of fireworks or pyrotechnic devices used in the entertainment industry that contain pyrotechnic NFPA 10, Standard for Portable Fire Extinguishers, 1998 edition. or explosive compositions. NFPA 13, Standard for the Installation of Sprinkler Systems, 1999 edition. 1.3.2 This code shall not apply to the use of consumer fireworks by NFPA 45, Standard on Fire Protection for Laboratories Using Chemicals, the general public. 2000 edition. NFPA 70, National Electrical Code®, 1999 edition. 1.3.3 This code shall not apply to the display site storage and use of NFPA 72, National Fire Alarm Code®, 1999 edition. fireworks and pyrotechnic articles conducted in accordance with NFPA 80, Standard for Fire Doors and Fire Windows, 1999 edition. NFPA 1123, Code for Fireworks Display. NFPA 101® , Life Safety Code®, 2000 edition. NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, 1.3.4 This code shall not apply to the transportation of fireworks, Tents, and Membrane Structures, 1995 edition. pyrotechnic devices used in the entertainment industry, or any NFPA 256, Standard Methods of Fire Tests of Roof Coverings, 1998 component(s) thereof containing pyrotechnic or explosive edition. compositions, where such transportation is under the jurisdiction of NFPA 430, Code for the Storage of Liquid and Solid Oxidizers, 2000 the U.S. Department of Transportation (U.S. DOT) or any other edition. national transportation authority. 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. 3.3.3 Area.

2.1.2.2 U.S. Government Publications. U.S. Government Printing 3.3.3.1 Consumer Fireworks Retail Sales Area. The portion of a Office, , DC 20402. consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for Child Safety Act of 1966 the purpose of retail display and sale to the general public. Title XI, “Regulation of Explosives, of the Crime Control Act of 1970,” 1970. 3.3.3.2 Process Area. An outside area complying with the applicable Title 16, Code of Federal Regulations, Part 1500 and Part 1507, U.S. provisions of this code for a process building that is used for the Consumer Product Safety Commission. manufacture of fireworks and pyrotechnic articles. Title 18, United States Code, Chapter 40, “Importation, Manufacture, Distribution, and Storage of Explosive Materials,” 1970. 3.3.4 Artificial Barricade. See Barricade. Title 27, Code of Federal Regulations, Part 55, Bureau of Alcohol, Tobacco and Firearms. 3.3.5 Barricade. A natural or artificial barrier that effectively screens a Title 29, Code of Federal Regulations , Part 1910.1200, “Hazard magazine, building, railway, or highway from the effects of an Communication,” U.S. Department of Labor. explosion in a magazine or building containing explosives. Title 49, Code of Federal Regulations, Part 100 to end, U.S. Department of Transportation. 3.3.5.1 Artificial Barricade. An artificial mound or revetted wall of earth of a minimum thickness of 0.9 m (3 ft). Chapter 3 Definitions 3.3.5.2 Natural Barricade. A natural outdoor feature(s), such as hills 3.1 General. The definitions contained in this chapter shall apply to or trees, with a density sufficient to prevent surrounding exposures the terms used in this code. Where terms are not included, common that require protection from being seen from a magazine or building usage of the terms shall apply. containing explosives when the trees are bare of leaves.

3.2 NFPA Official Definitions. 3.3.5.3* Screen Barricade. Any barrier that contains the embers and debris from a fire or deflagration in a process building, thus 3.2.1* Approved. Acceptable to the authority having jurisdiction. preventing propagation of fire to other buildings or areas. [1125:____] 3.2.2* Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an 3.3.6 Binary Material. See Material. installation, or a procedure. 3.3.7* Binary System. A two-component pyrotechnic system. 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 3.3.8 Black Powder. See Powder. independently of other codes and standards. 3.3.9 Building. 3.2.4 Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization that is 3.3.9.1* Bulk Merchandising Retail Building. A building where the acceptable to the authority having jurisdiction and concerned with sales area includes the storage of combustible materials on pallets, in product evaluation, that maintains periodic inspection of production solid piles, or in racks in excess of 12 ft (3.7 m) in storage height. of labeled equipment or materials, and by whose labeling the [101: 3.3] manufacturer indicates compliance with appropriate standards or performance in a specified manner. 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, 3.2.5* Listed. Equipment, materials, or services included in a list railroad station, store, or other structure where people are published by an organization that is acceptable to the authority accustomed to assembling. This does not include any building or having jurisdiction and concerned with evaluation of products or structure occupied in connection with a fireworks plant. services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose 3.3.9.3* Mechanical Building. A building that contains mechanical, listing states that either the equipment, material, or service meets electrical, air-conditioning, or other equipment and that usually is appropriate designated standards or has been tested and found connected to a process or nonprocess building. suitable for a specified purpose. 3.3.9.4* Mixing Building. Any building used primarily for mixing and 3.2.6 Shall. Indicates a mandatory requirement. blending of pyrotechnic compositions.

3.2.7 Should. Indicates a recommendation or that which is advised 3.3.9.5* Nonprocess Building. An office building, a warehouse, or but not required. other building or area located in a manufacturing facility in which no fireworks, pyrotechnic or explosive composition, pyrotechnic articles, 3.3 General Definitions. or components containing pyrotechnic or explosive materials are processed or stored. 3.3.1* Aerial Shell. Usually a cylindrical or spherical cartridge containing pyrotechnic material, a long fuse or electric match wires, 3.3.9.6* Process Building. Any building or any room at a and a black powder lift charge. [1126:_____] manufacturing facility where fireworks, pyrotechnic articles, or component(s) containing explosive or pyrotechnic compositions are 3.3.2 Airburst. A pyrotechnic device that is suspended in the air to manufactured or assembled. simulate outdoor aerial fireworks shells without producing hazardous debris. [1126:_____] 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 components for such devices; a facility in which fireworks or consumer fireworks in any state of processing are stored, but in which pyrotechnic articles are assembled from component parts. no processing or manufacturing is performed. 3.3.26* Fireworks. Any composition or device for the purpose of 3.3.9.9* Unoccupied Building. A building that is normally unoccupied producing a visible or an audible effect by combustion, deflagration, during its entire period of daily operations. or detonation, and that meets the definition of Consumer Fireworks or Display Fireworks as set forth in this code. 3.3.10 Bulk Merchandising Retail Building. See Building. 3.3.26.1 Common Fireworks. See Consumer Fireworks. 3.3.11 Bulk Salute. See Salute. 3.3.26.2* Consumer Fireworks. Any small fireworks device designed 3.3.12 Bulk Salute Powder. See Powder. primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling 3.3.13 Bullet-Sensitive Explosive Material. See Material. regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, CFR, Parts 1500 and 1507. [1123:_____] 3.3.14 Common Fireworks. See Fireworks. 3.3.26.3* Display Fireworks (Formerly known as Special Fireworks). 3.3.15 Composition. Large fireworks articles designed to produce visible or audible effects for entertainment purposes by combustion, deflagration, or 3.3.15.1 Explosive Composition. A chemical compound or mixture, detonation. the primary or common purpose of which is to produce by explosion. 3.3.26.4 Special Fireworks. A composition or device used for 3.3.15.2 Pyrotechnic Composition. A chemical mixture that, upon producing a visible or an audible effect by combustion, deflagration, burning, produces visible, brilliant displays, bright lights, or sounds. or detonation that meets the definition of Consumer Fireworks or Display Fireworks; see Display Fireworks. 3.3.16 Consumer Fireworks. See Fireworks. 3.3.27 Flame Break. A solid material without holes or other openings, 3.3.17 Consumer Fireworks Retail Sales Area. See Area. used to retard the spread of flame.

3.3.18 Consumer Fireworks Retail Sales Facility. See Facility. 3.3.28 Flash Powder. See Powder.

3.3.19* Consumer Fireworks Retail Sales Stand. A temporary or 3.3.29* Fuel. In pyrotechnics, anything combustible or acting as a permanent building or structure, other than a tent, canopy, or chemical-reducing agent such as but not limited to sulfur, aluminum membrane structure, that is used primarily for the retail display and powder, iron powder, charcoal, magnesium, gums, and organic plastic sale of consumer fireworks to the general public and that has a floor binders. area not greater than 74 m2 (800 ft2). 3.3.30 Highway. Any public street, public alley, or public road. 3.3.20* Covered Fuse. A fuse that is protected against accidental ignition by contact with a spark, smoldering item, or small open 3.3.31 Inhabited Building. See Building. flame. 3.3.32 Limited-Combustible Material. See Material. 3.3.21 Display Fireworks. See Fireworks. 3.3.33 Magazine. A building or structure, other than an explosives 3.3.22 Electric Match. An electric device that contains a small amount manufacturing building, approved for the storage of explosive of pyrotechnic material that ignites when current flows through the materials. leads and that is used to initiate the burning of pyrotechnics. 3.3.34* Manufacture. The mixing, pressing, and loading of 3.3.23* Explosive. Any chemical compound, mixture, or device, the pyrotechnic compositions for the purpose of producing fireworks or primary or common purpose of which is to function by explosion. pyrotechnic articles, including the assembly of fireworks and This term includes but is not limited to dynamite, black powder, pyrotechnic articles from component parts. pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The term explosive 3.3.35 Manufacturing Facility. See Facility. includes any materials determined to be within the scope of Title 18, United States Code, Chapter 40, “Importation, Manufacture, 3.3.36 Material. Distribution, and Storage of Explosive Materials,” and also includes any materials classified as an explosive by the Hazardous Materials 3.3.36.1 Binary Material. See Binary System. [1126:_____] Regulations of the U.S. Department of Transportation (U.S. DOT). 3.3.36.2* Bullet-Sensitive Explosive Material. Explosive material that 3.3.24 Explosive Composition. See Composition. 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 3.3.25 Facility. a 0.30 caliber rifle at a distance of 30 m (100 ft), measured perpendicular. 3.3.25.1 Consumer Fireworks Retail Sales Facility. A permanent or temporary building or structure, consumer fireworks retail sales stand, 3.3.36.3 Limited-Combustible Material. A building construction tent, canopy, or membrane structure that is used primarily for the material not complying with the definition of noncombustible retail display and sale of consumer fireworks to the general public. 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 3.3.25.2* Manufacturing Facility. A facility in which a licensed accordance with NFPA 259, Standard Test Method for Potential Heat of business conducts mixing, handling, or loading of explosive or Building Materials, and complies with (a) or (b): (a) Materials having a pyrotechnic composition for fireworks, pyrotechnic articles, or structural base of noncombustible material, with a surfacing not

1783 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA exceeding a thickness of 1/8 in. (3.2 mm) that has a flame spread 3.3.48.3.1 Bulk Salute Powder. A quantity of salute powder in an index not greater than 50; and (b) Materials, in the form and amount exceeding 0.45 kg (1 lb). thickness used, other than as described in (a), having neither a flame spread index greater than 25 nor evidence of continued progressive 3.3.49* Prepackaged Fireworks Merchandise. A consumer fireworks combustion and of such composition that surfaces that would be device or group of consumer fireworks devices that has been exposed by cutting through the material on any plane would have packaged within an unperforated container or packaging material by neither a flame spread index greater than 25 nor evidence of the manufacturer, distributor, or seller for retail display and sale as a continued progressive combustion. (Materials subject to increase in unit. combustibility or flame spread index beyond the limits herein established through the effects of age, moisture, or other atmospheric 3.3.50 Process Area. See Area. condition shall be considered combustible.) [220: 2.1] 3.3.51 Process Building. See Building. 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, 3.3.52 Public Conveyance. Any railroad car, streetcar, ferry, cab, bus, burn, support combustion, or release flammable vapors when airplane, or other vehicle that carries passengers for hire. [495:_____] 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 3.3.53 Pyrotechnic Article. A pyrotechnic device, other than a device Furnace at 750°C, shall be considered noncombustible materials. [220: classed as fireworks, for use in the entertainment industry. 2.1] 3.3.54 Pyrotechnic Composition. See Composition. 3.3.36.5* Pyrotechnic Material (Pyrotechnic Special Effects Material). A chemical mixture used in the entertainment industry to produce 3.3.55* Pyrotechnic Laboratory. A building or room used for visible or audible effects by combustion, deflagration, or detonation. research, development, or testing of chemicals, fireworks, pyrotechnic [1126:_____] articles, or components containing explosive or pyrotechnic compositions. 3.3.37 Mechanical Building. See Building. 3.3.56 Pyrotechnic Material. See Material. 3.3.38 Mixing Building. See Building. 3.3.57 Pyrotechnic Special Effect. A special effect created through the 3.3.39 Motor Vehicle. Any self-propelled vehicle, truck, tractor, use of pyrotechnic materials and devices. (See also Special Effect in semitrailer, or truck-trailer combination used for the transportation of Annex D.) [1126:_____] freight over public highways. [495:_____] 3.3.58 Pyrotechnics. Controlled exothermic chemical reactions that 3.3.40 Natural Barricade. See Barricade. are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a 3.3.41 Noncombustible Material. See Material. combination of these effects to provide the maximum effect from the least volume. [1126:_____] 3.3.42 Nonprocess Building. See Building. 3.3.59 Railway. Any steam, electric, diesel-electric, or other railroad or 3.3.43* Novelties and Trick Noisemakers. Small devices containing railway that carries passengers for hire on the particular line or limited amounts of pyrotechnic explosive or composition that branch in the vicinity of a pyrotechnics manufacturing or storage produce a visible or an audible effect. facility.

3.3.44* Oxidizer. Usually an oxygen-rich, ionically bonded chemical 3.3.60 Retail Sales. The retail display and sale of merchandise to the that decomposes at moderate to high temperatures. general public within a mercantile occupancy.

3.3.45 Permanent Structure. A building or structure, affixed to a 3.3.61 Rocket. A pyrotechnic device that moves by the ejection of foundation on a site and having fixed utility connections, that is matter produced by the internal combustion of propellants. intended to remain on the site for more than 180 consecutive calendar days. 3.3.62 Salute. A display firework that is designed to produce a loud report. 3.3.46 Person. An individual, a firm, a copartnership, a corporation, a company, an association, or a joint-stock association, including any 3.3.62.1 Bulk Salute. A collection of salutes or salute components trustee, receiver, assignee, or personal representative thereof. 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 3.3.47 Pest Control Device. An explosive device used to control quantity of salutes to other types of shells is less than 50 percent. animal pests. 3.3.63 Salute Powder. See Powder. 3.3.48 Powder. 3.3.64 Screen Barricade. See Barricade. 3.3.48.1 Black Powder. A low explosive consisting of an intimate mixture of potassium or sodium nitrate, charcoal, and sulfur. 3.3.65 Shipping Building. See Building. [1126:_____] 3.3.66 Special Fireworks. See Fireworks. 3.3.48.2 Flash Powder. See Salute Powder. 3.3.67* Stars. Small masses of pyrotechnic compounds that are 3.3.48.3 Salute Powder. An explosive composition that makes a loud projected from aerial shells, mines, or roman candles. report when ignited and constitutes the sole pyrotechnic mixture in a salute. 3.3.68 Storage Building. See Building.

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3.3.69* Store. A building classified as a mercantile occupancy that 4.3.1.2 Manufacturers shall maintain records for all chemicals and contains a variety of merchandise and that is not used primarily for chemical mixtures in compliance with the requirements of 29 CFR, the retail sales of consumer fireworks. 1910.1200, “Hazard Communication.”

3.3.70 Temporary. As applied to buildings or structures: a building or 4.3.2 Record Availability. Records shall be made available to the structure not meeting the definition for permanent structure (101: authority having jurisdiction. 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. 4.3.2.1 Where consumer fireworks are handled exclusively, records [70: 305] shall be maintained for 3 years.

3.3.71 Unoccupied Building. See Building. 4.3.2.2 Records other than consumer fireworks shall be maintained for 5 years. Chapter 4 Manufacturing Operations 4.3.3 Loss, Theft, or Unlawful Removal of Explosive Materials. 4.1 Applicability. 4.3.3.1 The loss, theft, or unlawful removal of explosive materials shall 4.1.1 All manufacturing facilities shall comply with the requirements be reported immediately to the nearest office of the Bureau of of this chapter. Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, and to local law enforcement authorities. 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 4.3.3.2 The loss, theft or removal of consumer fireworks shall not be following conditions: required to be reported.

(1) Manufacturing is restricted to production of custom fireworks, 4.4 Site Security. pyrotechnic articles, and any component(s) containing pyrotechnic or explosive materials that are not for general sale 4.4.1 General. All plant buildings containing pyrotechnic (2) The facility contains not more than 2.3 kg (5 lb) of pyrotechnic composition, explosive composition, or fireworks shall be locked at composition, of which not more than 0.23 kg (0.5 lb) is of explosive the end of the workday and whenever plant personnel are not present composition to provide security. (3) All explosive and pyrotechnic compositions are removed to a storage magazine at the end of each workday 4.4.2 Plant Access.

4.2 Permit Requirements. The manufacture of any fireworks shall be 4.4.2.1 All roads leading into the plant shall be provided with gates prohibited unless authorized by federal license, where required, and that shall be kept closed and locked at all times when not used for conducted in accordance with this code. entry or exit.

4.2.1 Persons engaged in the business of importing, manufacturing, 4.4.2.2 Vehicle access to the plant shall be restricted to roadways by or dealing in fireworks shall meet both of the following requirements: means of a fence, natural barriers such as trees, and culverts, or by other means. (1) They shall possess a valid federal license or permit, where required by Title XI, “Regulation of Explosives, of the Crime Control 4.4.2.3 If the main plant entrance is in full view of and under the Act of 1970” (18, USC, Chapter 40, “Importation, Manufacture, observation of an authorized responsible employee or guard, the Distribution, and Storage of Explosive Materials”) main plant entrance shall be permitted to be left open during regular (2) They shall comply with all applicable state and local laws and plant operating hours. regulations. 4.4.2.4 Only authorized employees or representatives of federal, state, 4.2.1.1 Copies of all required licenses and permits shall be posted at or local agencies having jurisdiction over the plant shall be permitted each fireworks plant. inside the plant without special permission of the person in charge.

4.2.1.1.1 License and permit holders shall protect licenses and 4.4.3 Signage. Conspicuous signs that read as follows shall be posted permits from loss, theft, defacement, destruction, or unauthorized at the entrance and along the fence or barrier: duplication. WARNING — NO SMOKING — NO TRESPASSING 4.2.1.1.2 Any loss, theft, defacement, destruction, or unauthorized duplication of a license or permit shall be reported immediately to 4.5 Construction. the issuing authority. 4.5.1 Process Building. 4.2.1.2 Licenses or permits shall not be assigned or transferred. 4.5.1.1 Process buildings shall be single-story buildings and shall not 4.2.2 The issuing authority shall be notified immediately of any have basements. change of business name, controlling ownership, or address. 4.5.1.2 Wall joints and openings for wiring, plumbing, and other 4.3 Recordkeeping and Reporting. utilities shall be sealed to prevent the entry of dusts.

4.3.1 Record Maintenance. 4.5.1.3 Horizontal ledges and surfaces upon which dust can settle and accumulate shall be minimized. 4.3.1.1 Manufacturers shall maintain records in compliance with federal regulations.

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4.5.2* Floors and Work Surfaces. 4.5.6.1 Means of egress in all buildings shall comply with applicable requirements of NFPA 101®, Life Safety Code®. 4.5.2.1 Floors and work surfaces shall not have cracks or crevices in which explosives or pyrotechnic compositions can lodge. 4.5.6.2 Means of egress in process buildings also shall comply with the following requirements: 4.5.2.2 Floors and work surfaces in mixing and loading buildings for salute powder shall be of conductive materials. (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 4.5.2.3 Conductive footwear or other grounding techniques for ft2). personnel shall be used wherever exposed salute powder is present. (2) Where process buildings are divided into rooms, means of egress shall be as follows: 4.5.3 Heating, Lighting, and Electrical Equipment. a. At least two means of escape shall be provided from each room of more than 9 m2 (100 ft2). 4.5.3.1 Stoves, exposed flames, and portable electric heaters shall be b. Toilet rooms shall be permitted to have only one means of prohibited in any building where fireworks, fireworks components, or egress, provided that they are located away from or shielded from flammable liquids are or can be present. process areas. (3) An unobstructed means of egress shall be located so that every 4.5.3.2 Heating shall be provided by steam, hot water, indirect hot air point within the room or undivided floor area is within 7.6 m (25 ft) radiators, or any other means acceptable to the authority having of a means of egress. jurisdiction. (4) Exit doors shall open outward and shall be capable of being pressure actuated from the inside. 4.5.3.3 Unit heaters located in buildings that contain exposed explosive or pyrotechnic composition shall be equipped with motors 4.6 Magazine Construction — General. and electrical devices for use in hazardous locations in accordance with Article 502 of NFPA 70, National Electrical Code® . 4.6.1 General.

4.5.3.4 All wiring, switches, and electrical fixtures in process buildings 4.6.1.1 Magazines shall be constructed to comply with Section 4.6 or shall meet the requirements for hazardous locations in accordance in a manner equivalent to the requirements of Section 4.6. with Article 502 of NFPA 70, National Electrical Code. 4.6.1.2 The ground around magazines shall be graded so that water 4.5.3.4.1 Portable lighting equipment shall not be used, unless both of drains away from the magazine. the following criteria are met: 4.6.1.3 Exposed ferrous metal shall not be permitted on the interior (1) Listed portable lighting equipment shall be permitted to be of the magazine where it might contact material stored within. used during repair operations. (2) The repair operations area shall be cleared of all pyrotechnic 4.6.2 Heating. or explosive material and all dust or residue shall be removed before portable lighting equipment is used. 4.6.2.1 The area between the heating unit and the magazine shall be cleared of all combustible materials. 4.5.3.4.2 All presses and other such mechanical devices used in the vicinity of exposed explosive or pyrotechnic composition shall be 4.6.2.2 Magazines requiring heat shall be heated by either hot-water electrically bonded and grounded. radiant heating within the magazine building or by indirect warm-air heating. 4.5.3.5 All artificial lighting shall be electrically powered. 4.6.2.3 Indirect warm air shall be heated by either hot-water coils or 4.5.4 Static Discharge. low-pressure [103 kPa (15 psig) or less] steam coils located outside the magazine building. 4.5.4.1 A means for discharging static shall be provided at the entrance to all mixing, pressing, and loading buildings where exposed 4.6.2.4 Magazine heating systems shall meet the following salute powder is present. requirements:

4.5.4.2 All personnel entering the buildings described in 4.5.4.1 shall (1) Radiant heating coils within the building shall be installed so utilize the means required by 4.5.4.1. that explosive materials or their containers cannot contact the coils and so that air is free to circulate between the coils and the explosives. 4.5.5 Explosion Relief. (2) The surface temperature of radiant heating coils shall not exceed 74°C (165°F). 4.5.5.1* Provision of explosion relief, by means of pressure-relieving (3) Heating ducts shall be installed so that the hot air discharge construction or explosion vents, shall be considered for each process from the ducts is not directed against explosive materials or their building in which an explosion hazard exists. containers. (4) The heating system shall be controlled so that the ambient 4.5.5.2 Where climatic conditions (or local building code temperature of the magazine does not exceed 54°C (130°F). requirements) prevent the use of pressure-relieving construction or (5) Any electric fan or pump used in the heating system shall be explosion vents, alternate methods of protecting nearby buildings located outside the magazine, separate from the magazine walls, and such as, but not limited to, screen-type barricades and differences in shall be grounded. elevation of trees shall be provided for buildings in which an (6) Any electric motor and any controls for electric heating devices explosion hazard exists. used to heat water or produce steam shall have overload devices and disconnects that comply with NFPA 70, National Electrical Code . 4.5.6 Means of Egress. (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 b. Openings provided for cross ventilation on the exterior of a separated from the magazine by a distance of not less than 7.6 m (25 wood foundation enclosure shall not be required to be covered with ft). 26-gauge metal. (9) Explosive materials stored in magazines shall be arranged so (5) The floor shall be constructed of wood or other equivalent that uniform circulation of air is ensured. material. (6) Floors constructed of materials that can cause sparks shall 4.6.3 Lighting. meet one of the following requirements: a. They shall be covered with a nonsparking surface. 4.6.3.1 Where lighting is necessary within the magazine, the following b. The packages of explosive material shall be packed on sources of lighting shall be permitted: pallets of nonsparking material. (7) Type 1 magazines shall be ventilated to prevent dampness or (1) Electric safety flashlights heating of explosives, and the following requirements also shall apply: (2) Electric safety lanterns a. Ventilation openings shall be screened to prevent entrance (3) Chemiluminescent lighting of sparks. (4) Electric light source outside the magazine that is aimed at the b. Ventilators in sidewalls shall be offset or shielded. entrance c. Magazines with foundation and roof ventilators, with air circulating between the sidewalls and floor and between the sidewalls 4.6.3.2 Where electric lighting is used within a magazine, the and ceiling, shall have a wood-lattice lining or equivalent means to installation shall meet the following requirements for hazardous prevent packages from being stacked against the sidewalls and locations in accordance with NFPA 70, National Electrical Code: blocking air circulation. d. Magazines specified in 4.7.1(7)c shall be provided with (1) Junction boxes containing fuses or circuit breakers and 50.8-mm (2-in.) air space between the sidewalls and the floor. electrical disconnects shall be located at least 7.6 m (25 ft) from the (8) Each door of the magazine shall be equipped with one of the magazine. following locking systems: (2) Junction boxes located within the magazine shall not have a. Two mortise locks openings and shall be equipped with close-fitting covers. b. Two padlocks in separate hasps and staples (3) Disconnects, fuses, and circuit breakers shall be protected by a c. A mortise lock and a padlock voltage surge arrester capable of handling 2500 amperes for 0.1 d. A mortise lock that needs two keys to be opened seconds. e. A three-point lock or an equivalent lock that secures the (4) All wiring from switches, both inside and outside the magazine, door to the frame at more than one point shall be installed in rigid conduit. (9) Padlocks shall comply with all of the following requirements: (5) Wiring from switches located inside and outside the magazine a. They shall be made of steel. that leads into the magazine shall be installed underground. b. They shall have at least five tumblers. (6) Conduit and light fixtures inside the magazine shall be c. They shall have at least a 9.5-mm (3/8 -in.), case-hardened protected from physical damage by guards or by location. shackle. (7) Light fixtures shall be enclosed to prevent sparks or hot metal d. They shall be protected by steel hoods installed to from falling on the floor or onto material stored in the magazine. discourage the insertion of bolt cutters. (8) Lights inside magazines shall not be left on when the magazines (10) Doors secured by an internal bolt shall not require additional are unattended. locking devices. (11) Hinges and hasps shall be fastened securely to the magazine. 4.6.4 Ventilation. (12) All locking hardware shall be secured to the door frame.

4.6.4.1 Where required in the magazine, ventilation shall be provided 4.7.2 Type 2 Magazine. to protect the stored materials for the specific area in which the plant is located. 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 4.6.4.2 Stored materials shall be placed so that they do not interfere fire resistant, theft resistant, weather resistant, and ventilated. with ventilation and to prevent contact with masonry walls, steel, or other ferrous metal by means of a nonsparking lattice or equivalent 4.7.2.2 Bullet Resistance. Type 2 magazines shall be bullet resistant if lining. used for outdoor storage.

4.7 Magazine Construction — Requirements for Specific Types. 4.7.2.3 Type 2 Outdoor Magazine. A Type 2 outdoor magazine shall comply with the following requirements: 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 (1) The walls and roof or ceiling shall be constructed according to resistant, theft resistant, weather resistant, and ventilated and shall the provisions of 4.7.1(1), (2), and (3). comply with the following: (2) The doors shall be constructed as follows: a. They shall be made of metal, constructed in accordance (1) Walls and doors shall be bullet resistant and shall be with the provisions of 4.7.1(1). constructed in accordance with any of the specifications in Annex B. b. They shall have a metal exterior with an inner door (2) The roof shall be constructed of any type of structurally sound meeting the provisions of 4.7.1(1). material that is or has been made fire resistant on the exterior. (3) Floors constructed of ferrous metal shall be covered with a (3)* Where the natural terrain around a Type 1 magazine makes it nonsparking surface. possible for a bullet to be shot through the roof and ceiling at such an (4) A top-opening magazine shall have a lid that overlaps the sides angle that the bullet can strike the explosive materials within, either by at least 25.4 mm (1 in.) when in the closed position. the roof or the ceiling shall be of bullet-resistant construction. (5) The magazine shall be supported so that its floor does not (4) The foundation shall be enclosed completely, and the following contact the ground directly. requirements also shall apply: (6) Magazines less than 0.77 m3 (3 ft3) in size shall be fastened a. A wood foundation enclosure shall be covered on the securely to a fixed object to prevent theft of the entire magazine. exterior with not less than 26-gauge metal.

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(7) Hinges, hasps, locks, and locking hardware shall comply with (4) Vehicular magazines shall comply with 4.7.2.3(7) and shall be 4.7.1(8), excluding padlocks on vehicular magazines, which are not immobilized where unattended, as described in 4.7.2.3(8). required to be protected by steel hoods. (8) Wherever a vehicular magazine is left unattended, one of the 4.7.4.2 Type 4 Indoor Magazine. A Type 4 indoor magazine shall following actions shall be taken: comply with all the provisions of 4.7.2.4. a. The wheels shall be removed. b. The kingpins shall be locked. 4.8 Construction of Storage Buildings for Consumer Fireworks. c. The vehicular magazine shall be otherwise immobilized. 4.8.1 General. Consumer fireworks storage shall comply with the 4.7.2.4 Type 2 Indoor Magazines. A Type 2 indoor magazine shall following: comply with the following provisions: (1) Storage shall be in a building, igloo, trailer, semitrailer, or (1) The magazine shall have substantial wheels or casters to metal shipping container. facilitate removal from the building in case of emergency. (2) Storage shall be constructed to resist fire from an external (2) The cover of the magazine shall have substantial strap hinges, source and to be weather-resistant and theft-resistant. and a means for locking shall be provided as follows: a. The magazine shall be kept locked with a five-tumbler 4.8.2 Openings. All openings shall be equipped with a means for padlock or its equivalent. locking. b. The magazine shall be permitted to be unlocked during the placement or removal of explosive materials. 4.8.2.1 Means of egress in all buildings shall comply with applicable (3) The magazine shall be painted red, and the top shall bear the requirements of NFPA 101, Life Safety Code. following words in white letters at least 76.2 mm (3 in.) high: 4.8.2.2 Trailers, semitrailers, or metal shipping containers that are not EXPLOSIVES — KEEP FIRE AWAY normally occupied shall not be required to comply with NFPA 101, Life Safety Code. (4) Magazines constructed of wood shall meet the following requirements: 4.8.3 Doors. a. They shall have sides, bottoms, and covers or doors of 50.8- mm (2-in.) hardwood that are braced at the corners. 4.8.3.1 All doors shall open outward, and all exits shall be marked. b. They shall be covered with sheet metal of not less than 26 gauge. 4.8.3.2 Aisles and exit doors shall be kept free of obstructions. c. Nails exposed to the interior of the magazines shall be countersunk. 4.8.3.3 Doors shall be equipped with panic hardware. (5) Magazines constructed of metal shall meet the following requirements: 4.8.3.4 Doors shall be unlocked during operation. a. They shall be of 12-gauge sheet metal . b. They shall be lined with a nonsparking material. 4.8.3.5 Trailers, semitrailers, or metal shipping containers that are not c. The edges of metal covers shall overlap the sides by at least normally occupied shall be permitted to be locked during operation. 25.4 mm (1 in.). 4.8.4 Building Specifications. Buildings used for the storage of 4.7.3 Type 3 Magazine. A Type 3 magazine (day box) shall be a consumer fireworks shall meet all of the following criteria: portable structure that is fire resistant, theft resistant, and weather resistant, and shall comply with the following provisions: (1) They shall be nonresidential. (2) They shall not exceed one story. (1) The magazine shall be equipped with a five-tumbler padlock. (3) They shall not have basements. (2) Magazines constructed of wood shall meet the following requirements: 4.8.4.1 Consumer fireworks stored in a building that is also used for a. They shall have sides, bottoms, and covers or doors of 101.6- other purposes shall be stored in a room or area used exclusively for mm (4-in.) hardwood that are braced at the corners. the storage of consumer fireworks. b. They shall be covered with sheet metal of not less than 26 gauge. 4.8.4.2 The interior walls of the rooms required by 4.8.4.1 shall have a c. Nails exposed to the interior of the magazine shall be minimum fire resistance rating of 1 hour and doors with a fire countersunk. resistance rating of 45 minutes. (3) Magazines constructed of metal shall meet the requirements of 4.7.2.4(5). 4.8.4.3 Where acceptable to the authority having jurisdiction, noncombustible materials shall be permitted to be stored in the same 4.7.4 Type 4 Magazine. A Type 4 magazine shall be a permanent, room or area with consumer fireworks. portable, or mobile structure such as a building, igloo, box, semitrailer, or other mobile container that is fire resistant, theft 4.8.5 Electrical Requirements. resistant, and weather resistant. 4.8.5.1 All electrical fixtures and wiring for storage buildings shall 4.7.4.1 Type 4 Outdoor Magazine. A Type 4 outdoor magazine shall comply with NFPA 70, National Electrical Code. comply with the following provisions: 4.8.5.1.1 All electrical fixtures in storage buildings at fireworks (1) The magazine shall be constructed of the following: manufacturing plants shall be dust-tight. a. Masonry b. Wood covered with sheet metal, fabricated metal, or a 4.8.5.1.2 Electrical receptacles or unguarded light fixtures shall not be combination of these materials permitted within 7.6 m (25 ft) of any fireworks. (2) Doors shall be metal or wood covered with metal. (3) Permanent magazines shall comply with 4.7.1(4), (7), and (8).

1788 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

4.8.5.1.3 Light fixtures within 7.6 m (25 ft) of any fireworks shall have 4.9.2.1 Process buildings and areas shall be separated from other guards. process buildings and areas and from nonprocess buildings in accordance with the distances specified in Table 4.9.2.1. 4.8.5.2 All electrical wiring shall comply with Article 502 of NFPA 70, National Electrical Code. 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 4.8.5.3 An electrical disconnect shall be located outside each storage permitted in any process building or area. building, and the disconnect shall be arranged to de-energize all electrical power to the building. 4.9.2.3 Finished display fireworks shall not be stored in a process building. (See Section 4.10.) 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. 4.9.2.4 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 4.9 Separation Distances and Quantity Tables. area.

4.9.1 General. 4.9.2.5 Quantities of loose salute powder in excess of 4.5 kg (10 lb) shall be kept in an approved magazine. 4.9.1.1 Barricades. To be effective, a barricade shall be of such height that one of the following passes through the barricade: 4.9.2.6 The minimum separation distance for in-process consumer fireworks or pyrotechnic articles shall be as follows: (1) A straight line measured from the top of any sidewall of a magazine or building containing explosives to the eave line of any (1) The minimum separation distance of 11 m (37 ft) for in-process magazine or building consumer fireworks or pyrotechnic articles shall apply only to 45 kg (2) A straight line measured from the top of any sidewall of a (100 lb) of loose powder or stars. magazine or building containing explosives to a point 3.7 m (12 ft) (2) If a quantity of loose powder or stars greater than 45 kg (100 above the center of a railway or highway lb) is present, the minimum separation distances in Table 4.9.2.1 for in-process display fireworks shall be used. 4.9.1.2 Screen Barricades. 4.9.3 Separation Distances for Process Buildings and Areas from 4.9.1.2.1 Screen barricades shall be permitted to be constructed of Inhabited Buildings, Passenger Railways, Public Highways, Magazines, one of the following: and Shipping and Storage Buildings. Process buildings and areas shall be separated from the following in accordance with the distances (1) Metal roofing specified in Table 4.9.3: (2) 6 mm to 13 mm (0.25 in. to 0.5 in.) mesh screen (3) Other equivalent material (1) Inhabited buildings (2) Passenger railways 4.9.1.2.2 The screen barrier shall extend from floor level to a height (3) Public highways such that a straight line measured from the top of any sidewall of the (4) Magazines donor building to the eave line of any exposed building intercepts the (5) Display fireworks shipping buildings screen at a point not less than 1.5 m (5 ft) from the top of the screen. (6) Consumer fireworks storage buildings

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.

Table 4.9.2.1 Minimum Separation Distances Between Process Buildings and Areas and Distances Between Process and Nonprocess Buildings and Areas In-Process Consumer In-Process Display In-Process Display with Fireworks or Pyrotechnic Net Weight of Fireworks1 without Barricades Barricades 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).

1789 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

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

In-Process Display In-Process Consumer Net Weight of Fireworks1 Fireworks 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.

4.9.3.1* The distances in Table 4.9.3 shall apply to process buildings 4.9.4.2 For the purposes of applying Table 4.9.4.1, a shipping building and areas with or without barricades or screen-type barricades. for display fireworks shall be considered a magazine.

4.9.3.2 Table 4.9.3 shall not apply to the separation distances between 4.9.4.3 For the purposes of applying Table 4.9.4.1, the following process buildings or areas (see Table 4.9.2.1), between magazines (see criteria shall be met: Tables 4.9.4.1 and 4.9.5), and between storage buildings (see Table 4.9.6). (1) Display fireworks shipping buildings shall meet the same distance requirements as magazines. 4.9.3.3 A maximum of 227 kg (500 lb) of in-process composition, in (2) All compositions not in current use shall be kept in covered, loose form or in partially assembled display fireworks, shall be nonferrous containers, unless such composition has been loaded or permitted in any process building or area. pressed into tubes or other containers as consumer fireworks.

4.9.3.4 Finished display fireworks shall not be stored in a process 4.9.4.4 At a fireworks plant, up to 22.7 kg (50 lb) of pyrotechnic building. (See Section 4.10.) composition or display fireworks shall be permitted to be stored in a Type 2 or a Type 4 indoor magazine in any process building. 4.9.3.5 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 4.9.4.5 Magazines for the storage of bulk salute powder and bulk area. salutes shall comply with Table 4.9.5.

4.9.3.6 Quantities of loose salute powder in excess of 4.5 kg (10 lb) 4.9.4.6 For fireworks storage magazines in active use prior to March 7, shall be kept in an approved magazine. 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 4.9.4 Separation Distances and Quantity Tables for Magazines for the potential receptor sites. Storage of Display Fireworks and Components for Display Fireworks, Loose Pyrotechnic Composition, and Stars. 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 4.9.4.1 Magazines for the storage of display fireworks and components that primarily contain salutes or salute components. (See Table 4.9.5 for for display fireworks, loose pyrotechnic composition, and stars shall be bulk salute powder and bulk salute storage requirements.) separated from inhabited buildings, passenger railways, public highways, and other magazines in accordance with the distances specified in Table 4.9.4.1.

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

In-Process Consumer In-Process Display Fireworks or Pyrotechnic Net Weight of Fireworks* Fireworks 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.

1790 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA Table 4.9.5 Table of Distances for Magazines for the Storage of Bulk Salute Powder and Bulk Salutes Distances (ft) Passenger Railways — Public Highways with Quantity of Traffic Volume of Explosive Inhabited Public Highways More than 3000 Separation of Materials1,2,3,4 Buildings9 Class A to D11 Vehicles/Day10,11 Magazines12 Pounds Pounds Barri- Unbarri- Barri- Unbarri- Barri- Unbarri- Barri- Unbarri- Over Not Over caded6,7,8 caded caded6,7,8 caded caded6,7,8 caded caded6,7,8 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

1791 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

Table 4.9.5 Table of Distances for Magazines for the Storage of Bulk Salute Powder and Bulk Salutes (continued) Distances (ft) Passenger Railways — Public Highways with Quantity of Traffic Volume of Explosive Inhabited Public Highways More than 3000 Separation of Materials1,2,3,4 Buildings9 Class A to D11 Vehicles/Day10,11 Magazines12 Pounds Pounds Barri- Unbarri- Barri- Unbarri- Barri- Unbarri- Barri- Unbarri- Over Not Over caded6,7,8 caded caded6,7,8 caded caded6,7,8 caded caded6,7,8 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.

1792 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

4.9.5 Magazines Containing Salute Powder and Salutes. Magazines 4.9.9.3 Pyrotechnics laboratories shall not contain more than 4.5 kg containing salute powder and salutes shall be separated from each (10 lb) of pyrotechnic composition and not more than 0.23 kg (0.5 other and from inhabited buildings, public highways, and passenger lb) of salute powder, provided that all fireworks and pyrotechnic railways in accordance with the distances specified in Table 4.9.5. composition are stored properly when not in use.

4.9.6 Separation Distances and Quantity Tables for Storage Buildings 4.10* Maximum Number of Occupants and Maximum Quantity for Consumer Fireworks. Storage buildings for consumer fireworks Limitations. Not more than 227 kg (500 lb) of pyrotechnic or located at fireworks manufacturing facilities shall be separated from explosive composition shall be permitted at one time in any process inhabited buildings, passenger railways, public highways, and other building or area. storage buildings in accordance with the distances specified in Table 4.9.6. 4.11 Operations.

4.11.1 The requirements of 27 CFR, 55, Bureau of Alcohol, Tobacco 4.9.7 Groups of Buildings. and Firearms, for transfer of the following from process buildings to magazines at the conclusion of daily operation shall be met: 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 (1) Dry explosive powders and mixtures 4.9.2.1, two or more such buildings, as a group, shall be considered to (2) Partially assembled display fireworks be one building. (3) Finished display fireworks

4.9.7.2 The total quantity of explosive and pyrotechnic composition in 4.11.2* Unless a variance from the requirement of 4.11.1 has been the group of buildings specified in 4.9.7.1 shall not exceed 227 kg issued in writing to a manufacturer by the Bureau of Alcohol, (500 lb) or shall not exceed 4.5 kg (10 lb) of salute powder. Tobacco and Firearms, all dry explosive powders and mixtures, partially assembled display fireworks, and finished display fireworks 4.9.7.3 Each building in the group shall otherwise comply with the shall be transferred from process buildings to magazines at the separation distances specified in Table 4.9.2.1 and Table 4.9.3. conclusion of daily operation.

4.9.7.4 Unoccupied buildings at manufacturing facilities shall not be 4.12 Fire and Explosion Prevention. subject to the separation distance requirements of Section 4.9. 4.12.1 Rubbish, Spills, and Waste Disposal. 4.9.8 Magazine Groups. 4.12.1.1 All buildings shall be kept clean and orderly, and dust or 4.9.8.1 If any two or more magazines or storage buildings are rubbish shall be kept to a minimum. 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 4.12.1.2 Spills of explosive or pyrotechnic composition shall be to be one magazine or storage building. cleaned up, and materials used for cleanup shall be removed immediately from the 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 4.12.1.3 The spilled material shall be destroyed by immersion in water minimum separation distances of each building in the group from or by burning in a manner acceptable to the authority having inhabited buildings, passenger railways, public highways, and other jurisdiction. magazines and storage buildings. 4.12.1.4 Rags, combustible scrap, and paper shall be kept separate 4.9.8.3 No minimum separation distance shall be required for process from waste explosive or pyrotechnic materials. buildings, magazines, or storage buildings within a group. 4.12.1.5 Rags, combustible scrap, and paper shall be kept in approved, 4.9.9 Pyrotechnic Laboratories. marked containers until removed from the building.

4.9.9.1 Pyrotechnics laboratories shall be considered process buildings 4.12.1.6 Disposal containers shall be removed from buildings on a for consumer fireworks for the purpose of separation distances. daily basis and removed from the plant at regular intervals.

4.9.9.2 Pyrotechnics laboratories shall be considered to be nonprocess 4.12.1.7 Waste explosive or pyrotechnic materials shall be destroyed as buildings with respect to the other requirements of this code. 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 Distance from Passenger Gross Weight of Consumer Railways, Public Highways, and Distance from Inhabited Buildings and Fireworks Other Storage Buildings 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

1793 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

4.12.2 Smoking Materials. 4.13.1.2 Fire extinguishers shall not be located in buildings in which explosive or pyrotechnic mixtures are exposed. 4.12.2.1 Smoking materials shall not be carried into or in the vicinity of process buildings. 4.13.2 Emergency Plan.

4.12.2.2 Personnel shall deposit all smoking materials at a designated 4.13.2.1 Each plant shall have a formal emergency plan. location in a nonprocess building before entering a processing plant. 4.13.2.2 An emergency warning signal shall be established. 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 4.13.2.3 The emergency plan shall include employee instruction and the presence of explosive or pyrotechnic materials is prohibited. training and shall be applicable to all anticipated emergencies.

4.12.2.4 Authorized smoking locations shall comply with the 4.13.2.4 The emergency plan shall include instruction in the use of following: portable fire extinguishers and the identification of on which they can be used. (1) They shall be marked as smoking areas. (2) They shall contain designated receptacles for disposal of 4.13.2.5 Employees shall be instructed to abandon fire-fighting efforts smoking materials. if the fire involves or appears likely to spread to explosive or (3) They shall be provided with at least one approved portable fire pyrotechnic composition or devices, in which case employees shall extinguisher for use on Class A fires. evacuate the building immediately and alert other plant personnel.

4.12.2.5 Personnel whose clothing is contaminated with explosive or 4.13.3 Master Electrical Disconnect. pyrotechnic composition to a degree that endangers personnel safety shall not be permitted in smoking areas. 4.13.3.1 A master electrical disconnect shall be provided at the point where the electrical service enters the plant. 4.12.3 Substance Abuse. No employee or other person shall be permitted to enter the plant while in possession of or under the 4.13.3.2 The master disconnect shall be arranged to disconnect all influence of alcohol, drugs, or narcotics. electrical power to the plant.

4.12.4 Clothing. 4.13.3.3 Emergency circuits, such as the electrical supply to fire pumps or emergency lighting, shall have their own master 4.12.4.1 Personnel working at or supervising mixing, pressing, and disconnects. loading operations shall be provided with and shall wear cotton or other similarly protective clothing. 4.14 Testing of Fireworks and Pyrotechnic Articles.

4.12.4.2 Other protective clothing, eye protection, and respiratory 4.14.1 Testing of fireworks, pyrotechnic materials, and pyrotechnic protection shall be worn as needed. and explosive compositions shall be performed only in a building or area specifically designated for the purpose. 4.12.4.3 Washing and changing facilities shall be provided for personnel. 4.14.2 Testing shall be conducted at a safe distance from other plant buildings or structures and process areas. 4.12.4.4 Work clothing shall be washed frequently to prevent the accumulation of explosive or pyrotechnic composition and shall not 4.14.3 Testing of fireworks, pyrotechnic articles, and any be worn outside the plant. component(s) containing pyrotechnic or explosive materials shall be performed only in an area specifically designated by the manufacturer 4.12.5* Oxidizers. and approved by the authority having jurisdiction.

4.12.5.1 Oxidizers shall be stored to avoid contact with incompatible 4.15 Occupancies. materials such as ordinary combustibles, flammable or combustible liquids, greases, and materials that could react with the oxidizer or 4.15.1* The number of occupants in each process building and in promote or initiate its decomposition. each magazine shall not exceed the number necessary to conduct production operations. 4.12.5.2 Incompatible materials shall not include approved packaging materials, pallets, or other dunnage. 4.15.2 The maximum number of occupants and maximum weight of pyrotechnic and explosive composition permitted in each process 4.12.5.3 Oxidizer storage shall comply with NFPA 430, Code for the building and in each magazine shall be posted in a conspicuous Storage of Liquid and Solid Oxidizers. location in each process building or magazine.

4.12.6* Machinery and Tooling. Machinery and tooling shall be 4.16 Training. permitted to be made of ferrous metal. (See also 4.5.3.4.2.) 4.16.1 Each plant shall designate an employee as safety officer who 4.13 Fire Protection and Emergency Plans. shall be responsible for general safety, fire prevention and protection, and employee safety training. 4.13.1 Fire Extinguishers. 4.16.2 The safety officer shall provide formal instruction to all 4.13.1.1 Portable fire extinguishers shall be provided in all buildings employees upon their commencing employment and at least annually in accordance with the requirements of NFPA 10, Standard for Portable thereafter, regarding safety methods, procedures, and requirements Fire Extinguishers. and procedures for handling explosive and pyrotechnic compositions and devices.

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4.17 Operations in Storage Buildings. 4.17.11 No consumer fireworks shall be stored within 30.5 m (100 ft) of any dispensing unit for flammable liquids or gases. 4.17.1 While in operation, storage buildings shall be under the direct supervision of a competent person at least 21 years old who shall be 4.17.12* Portable fire-fighting equipment shall be provided in responsible for enforcing all safety precautions. consumer fireworks storage areas as required by the authority having jurisdiction. 4.17.2 Operations in consumer fireworks storage buildings shall be limited to the packaging of finished fireworks into assortment 4.17.13 The operator of each consumer fireworks storage building packages or shipping cartons. shall prepare a written emergency action plan, in which employees shall be trained, that provides specific directions to be followed in the 4.17.3 Housekeeping shall be performed in accordance with the event of a fire. requirements of 4.17.3.1 through 4.17.3.3. 4.18 Work Areas in Consumer Fireworks Storage Buildings. 4.17.3.1 No loose black powder or other exposed pyrotechnic composition shall be permitted in a consumer fireworks storage 4.18.1 For the purposes of repackaging consumer fireworks only, work building and, if discovered, it shall be removed immediately. 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 4.17.3.2 Storage buildings shall comply with the following of 7.6 m (25 ft). requirements: 4.18.2 Work areas shall have an exit other than an exit through the (1) Buildings shall be kept clean, dry, and free of grit, paper, empty area in which consumer fireworks are stored. used packages, and rubbish. (2) Brooms and other cleaning utensils shall not have spark- 4.19 Item Construction. producing metal parts. (3) Sweepings from magazine floors shall be disposed of in 4.19.1 Aerial Shells. Aerial shells shall be constructed so that they fit compliance with all applicable regulations. 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 4.17.3.3 The area around storage buildings shall be kept clear of altitude before functioning. brush, dried vegetation, leaves, and similar combustibles for a distance of at least 7.6 m (25 ft). 4.19.2 Safety Caps. Safety caps shall comply with the following requirements: 4.17.4 All doors shall be kept locked when the building is unoccupied or unattended. (1) A safety cap shall be installed over the exposed end of the internal delay fuse. 4.17.5* Consumer fireworks shall be stored as follows: (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 (1) Fireworks shall be stored in cartons complying with the undamaged when removed. regulations of the U.S. Department of Transportation (U.S. DOT), 49 (3) Electrically fired displays shall not require a safety cap, provided CFR, 178. that no pyrotechnic composition is exposed. (2) All containers shall be stacked neatly and in a stable manner. (3) Unpackaged consumer fireworks returned to the storage 4.19.3 Display Fireworks–Ground Salutes. building shall be permitted to be stored temporarily until repackaging can be performed. 4.19.3.1 Display fireworks–ground salutes shall not exceed 76 mm (3 in.) in diameter × 76 mm (3 in.) in length. 4.17.6 Tools used for opening containers shall be nonsparking, unless they are metal slitters used for opening fiberboard containers. 4.19.3.2 The maximum quantity of salute powder in display fireworks– ground salutes shall not exceed 71 g (2.5 oz). 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, 4.19.3.3 Display fireworks–ground salutes shall not be constructed all fireworks shall be removed from the repair area and the interior using brittle plastic. shall be cleaned. 4.19.3.4 To allow the person igniting the aerial shells to retreat safely, 4.17.8 The removal of fireworks from a storage building undergoing the time delay between igniting the tip of the shell’s fuse and the repair shall be in accordance with 5.2.12. firing of the shell shall be not less than 3 seconds or more than 6 seconds. 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: 4.19.3.5 Electrically ignited displays shall not require the delay period specified in 4.19.3.4. (1) Smoking (2) Matches 4.19.4 Labeling. (3) Open flames (4) Spark-producing devices 4.19.4.1 Pyrotechnic articles intended for indoor use shall be so (5) Firearms marked, and labels shall include the following information:

4.17.10 Signs that read as follows in letters not less than 101.6 mm (4 (1) Accurate performance characteristics of the device in.) high on a contrasting background shall be conspicuously posted: (2) For fountains, gerbs, and other preloads, duration, height, and diameter of the effect, as applicable FIREWORKS — NO SMOKING

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4.19.4.2 Pyrotechnic articles marked for indoor use shall be permitted 5.1.1.2 The following shall be stored only in Type 1, Type 2, or Type 4 to be used outdoors. magazines:

4.19.4.3 Pyrotechnic articles marked by the manufacturer for indoor (1) Display fireworks that are not bullet sensitive use shall be used indoors only. (2) Pyrotechnic articles categorized as Explosives 1.3, other than bulk salute and bulk salute powder 4.19.4.4 All binary systems shall be labeled with the following (3) Black powder information in addition to the general requirements: 5.1.2 Magazines containing display fireworks and pyrotechnic articles (1) Type of contents and general use of the material that are not categorized as Explosives 1.4 shall be separated from (2) Description of conditions of use, potential hazards, and inhabited buildings, passenger railways, and public highways by the required equipment with instructions for use distances specified in Table 4.9.3 or Table 4.9.5. (3) Manufacturer’s statement regarding whether the material is permitted for indoor use and the conditions under which the material 5.1.3 Magazines containing display fireworks and pyrotechnic articles is to be used that are not categorized as Explosives 1.4 shall be separated from other magazines and from plant buildings by the distances specified 4.19.4.5 All binary materials intended for indoor use shall be in Table 4.9.2.1. preweighed, premeasured, prepackaged, and identified by the manufacturer as permitted for indoor use. 5.1.4 Magazines containing black powder shall be separated from inhabited buildings, passenger railways, public highways, and other 4.19.5 Requirements for Display Fireworks Aerial Devices. In addition magazines by the distances specified in Table 4.9.3. to the general requirements, the requirements of 4.19.5.1 through 4.19.5.6 shall apply to aerial devices for display fireworks. 5.2 Storage Within Magazines.

4.19.5.1 Aerial shells, mines, and comets shall be classified and 5.2.1 Magazines shall be supervised at all times by a competent person described only in terms of the inside diameter of the mortar from at least 21 years old who shall be responsible for enforcing all safety which they are to be fired. precautions.

4.19.5.2 As a minimum, each shell shall be marked with the following 5.2.2* All magazines containing explosives shall be inspected at information: intervals not exceeding 7 days to determine whether there has been unauthorized or attempted entry or whether there has been (1) Size of the shell unauthorized removal of the magazines. (2) Description of the type of shell (3)* Warning statement that reads as follows: 5.2.3* Magazine doors shall be kept closed and shall be kept locked at all times when the facility is not in operation. WARNING: DANGEROUS EXPLOSIVE. IF FOUND, DO NOT HANDLE. CONTACT LOCAL FIRE OR POLICE DEPARTMENT. 5.2.4 Magazine doors shall not be required to be closed and locked during placement or removal of explosive materials or during (4) User instructions for disposal, if needed inspection.

4.19.5.3 Single-break salute shells shall not exceed 76 mm (3 in.) in 5.2.5* Containers of explosive materials shall be piled in a stable diameter or 76 mm (3 in.) in length (exclusive of propellant charge). manner and laid flat with top side up.

4.19.5.4 The maximum quantity of salute powder in a single-break 5.2.6 The following shall apply to containers of explosive materials: salute shell shall not exceed 71 g (2.5 oz). (1) Containers shall not be opened, unpacked, or repacked inside 4.19.5.5 The label or wrapper of any type of aerial salute shall be of or within 15 m (50 ft) of a magazine or in close proximity to other marked with the word salute. explosives. (2) Fiberboard containers shall be permitted to be opened inside 4.19.5.6 All preloaded, chain-fused aerial items shall have instructions of or within 15 m (50 ft) of a magazine, provided that they are not for placement and stabilization necessary to prevent tipover. unpacked.

Chapter 5 Storage of Display Fireworks, Pyrotechnic Articles, Salute 5.2.7 Tools used for opening containers of explosive materials shall be Powder, Pyrotechnic and Explosive Compositions, and Black Powder nonsparking, unless they are metal slitters used for opening fiberboard containers. 5.1 General Requirements. 5.2.8 Magazines shall be used exclusively for the storage of explosive 5.1.1 Display fireworks, pyrotechnic articles, salute powder, and pyrotechnic materials. pyrotechnic and explosive compositions, and black powder shall be stored in magazines at all times, except during manufacture, 5.2.8.1 Metal tools other than nonferrous conveyors shall not be packaging, transportation, or use. stored in magazines.

5.1.1.1 Bulk salute and bulk salute powder shall be stored only in Type 5.2.8.2 Ferrous metal conveyor stands protected by a coat of paint 1 or Type 2 magazines. 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 6.2.1 Shipping buildings shall be separated from process buildings in free of grit, paper, empty packing materials, and rubbish. accordance with the distances specified in Table 4.9.3.

5.2.9.1 Brooms and other cleaning utensils shall not have spark- 6.2.2 Shipping buildings shall be separated from inhabited buildings, producing metal parts. passenger railroads, public highways, and magazines in accordance with the distances specified in Table 4.9.4.1. 5.2.9.2 Sweepings from magazine floors shall be disposed of in accordance with the manufacturer’s instructions. 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 5.2.10 Where any explosive or pyrotechnic material has deteriorated 4.9.5, as appropriate, with a maximum of 22,680 kg (50,000 lb) net to the extent that it has become unstable or dangerous, the person weight of display fireworks permitted to be stored. responsible shall immediately contact the manufacturer for assistance. 6.2.4 Separation distances for shipping buildings for the storage of 5.2.11 Before repairs are made to the interior of a magazine, all finished salutes shall be in accordance with Table 4.9.5 with a explosive or pyrotechnic material shall be removed, and the interior maximum of 227 kg (500 lb) net weight of finished salutes permitted shall be cleaned. to be stored.

5.2.12 Before repairs are made to the exterior of a magazine where 6.2.5 All electrical equipment and fixtures in a shipping building shall there is a possibility of causing sparks or fire, all explosive and meet the requirements for hazardous locations in accordance with pyrotechnic material shall be removed. NFPA 70, National Electrical Code.

5.2.13 Explosive or pyrotechnic material removed from a magazine 6.2.6 Display fireworks awaiting packing and shipping shall be undergoing repair shall be stored as follows: permitted to be stored in a shipping building overnight, provided that the building is fire resistant and theft resistant. (1) The material shall be either placed in another magazine or placed a safe distance from the magazine, where it shall be guarded 6.2.6.1 The building shall be locked when not in operation. and protected properly. (2) Upon completion of the repairs, the material shall be returned 6.2.6.2 Windows shall be guarded with bars or similar protection. promptly to the magazine. Chapter 7 Retail Sales of Consumer Fireworks 5.3 Miscellaneous Safety Precautions. 7.1 Applicability. 5.3.1 The following shall not be permitted inside of or within 15 m (50 ft) of a magazine: 7.1.1 Retail sales of consumer fireworks to the general public shall comply with the requirements of this chapter. (1) Smoking (2) Matches 7.1.2 The requirements of this chapter shall apply to the following: (3) Open flames (4) Spark-producing devices (1) Permanent buildings and structures, including the following: (5) Firearms, other than firearms carried by authorized security a. Stores personnel b. Bulk merchandising retail buildings c. Consumer fireworks retail sales facilities 5.3.2 The area around a magazine shall be kept clear of brush, dried (2) Temporary facilities, including the following: vegetation, leaves, and similar combustibles for a distance of at least a. Consumer fireworks retail sales stands 7.6 m (25 ft). b. Tents c. Canopies 5.3.3 Combustible materials shall not be stored within 15 m (50 ft) of d. Membrane structures. a magazine. 7.1.3 For the purpose of this chapter, stores and bulk merchandising Chapter 6 Storage of Consumer Fireworks at Manufacturing Facilities retail buildings in which consumer fireworks retail sales are conducted shall not be considered consumer fireworks retail sales 6.1 General Requirements. facilities as defined in Section 3.3 where both of the following conditions exist: 6.1.1 Consumer fireworks at fireworks manufacturing facilities shall be stored in buildings meeting the requirements of this chapter. (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 6.1.2 Storage buildings shall be constructed to comply with this retail sales floor in the building or 55.5 m2 (600 ft2), whichever is less chapter. (2) The consumer fireworks are displayed and sold in a manner approved by the authority having jurisdiction and comply with the 6.1.3 Storage buildings containing consumer fireworks at fireworks applicable provisions of this code, federal and state law, and local manufacturing plants shall be separated as follows: ordinances.

(1) They shall be separated from inhabited buildings, passenger 7.2 General Requirements for Retail Sales of Consumer Fireworks. railways, and public highways by the distances specified in Table 4.9.6. (2) They shall be separated from other storage buildings, 7.2.1 Display Fireworks and Pyrotechnic Articles. Retail sales to the magazines, and fireworks manufacturing buildings by the distances general public of display fireworks and pyrotechnic articles, including specified in Table 4.9.3. the related storage and display for sale of such fireworks and articles, shall be prohibited at a consumer fireworks retail sales facility or store. 6.2 Requirements for Shipping Buildings for Display Fireworks.

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7.2.2 Consumer Fireworks. Retail sales to the general public of 7.4 Construction. consumer fireworks, including the related storage and display for sale of such fireworks, shall be in accordance with this code and state or 7.4.1 Buildings and Structures. Consumer fireworks shall be permitted local laws, ordinances, or regulations. 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 7.2.3 Prohibited Explosive Devices. Retail sales to the general public height: of certain explosive devices prohibited by the Child Safety Act of 1966, including the related storage and display for sale of such devices, shall (1) Permanent buildings or structures constructed in accordance be prohibited at a consumer fireworks retail sales facility or store. with the building code enforced by the authority having jurisdiction (2) Tents, canopies, or temporary membrane structures complying 7.2.4 Pest Control Devices. Retail sales to the general public of with NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, explosive pest control devices, including the related storage and Tents, and Membrane Structures display for sale of such devices, shall be prohibited at a consumer (3) Temporary structures constructed in accordance with this fireworks retail sales facility or store. chapter (4) Temporary consumer fireworks retail sales stands greater than 7.2.5 Noncomplying Fireworks. Retail sales to the general public of 74 m2 (800 ft2) that also meet the requirements for a permanent fireworks that do not comply with the regulations of the U.S. structure Consumer Product Safety Commission as set forth in 16 CFR, 1500 (5) Vehicles, such as vans, buses, trailers, recreational vehicles, and 1507, and the regulations of the U.S. Department of motor homes, travel trailers, trucks, and automobiles, complying with Transportation as set forth in 49 CFR, 100 to 178, including the the applicable requirements for consumer fireworks retail sales stands related storage and display for sale of such fireworks, shall be prohibited at a consumer fireworks retail sales facility or store. 7.4.2 Construction Materials. The following construction requirements shall apply to permanent consumer fireworks retail sales 7.3 Permit Requirements. facilities in jurisdictions that have not adopted a local building code.

7.3.1 Permits. Where required by state or local laws, ordinances, or (1) Buildings having an area up to and including 743 m2 (8000 ft2) regulations, a permit for the following shall be obtained: shall be permitted to be constructed of any approved construction materials. (1) Construction, erection, or operation of the following: (2) Buildings having an area greater than 743 m2 (8000 ft2) shall be a. Permanent building or structure constructed in accordance with one of the following: b. Temporary structure such as a stand, tent, or canopy used a. Buildings shall be constructed of noncombustible or for the purpose of the retail display or sale of consumer fireworks to limited-combustible materials. the public b. Buildings with exterior walls having a fire resistance rating (2) Storage of consumer fireworks in connection with the retail of not less than 2 hours shall be permitted to have the roof decking display or sale of consumer fireworks to the public and its supporting structure and interior partitions constructed of combustible materials. 7.3.2 Plans. c. Roof coverings for any building shall have a minimum rating of Class C as determined in accordance with NFPA 256, 7.3.2.1 Where required by the authority having jurisdiction, plans for Standard Methods of Fire Tests of Roof Coverings. consumer fireworks retail sales facilities shall be submitted to the authority having jurisdiction with the permit application. 7.4.3 Multiple-Tenant Buildings.

7.3.2.2 Plans for facilities other than stands and tents shall include the 7.4.3.1 Where consumer fireworks retail sales facilities are located in a following: building containing other tenants, the consumer fireworks retail sales facility shall be separated from the other tenants by fire barriers (1) Minimum distances from the following: having a fire resistance rating of not less than 1 hour without a. Public ways openings. b. Buildings c. Other consumer fireworks retail sales facilities 7.4.3.2 Any penetrations of the fire barriers shall be protected in d. Motor vehicle fuel-dispensing stations accordance with NFPA 101, Life Safety Code. e. Retail propane-dispensing stations f. Flammable and combustible liquid aboveground tank 7.4.4 Storage Rooms. Storage rooms that are used to store consumer storage fireworks in a permanent consumer fireworks retail sales facility or g. Flammable gas and flammable liquefied gas bulk store shall be protected with an automatic sprinkler system installed in aboveground storage and dispensing areas within 91.5 m (300 ft) of accordance with NFPA 13, Standard for the Installation of Sprinkler the facility used for the retail sales of consumer fireworks Systems, or separated from the retail sales area by a fire barrier having (2) Vehicle access and parking areas a fire resistance rating of not less than 1 hour. (3) Location and type of portable fire extinguishers (4) Floor plan and layout of storage and displays to indicate 7.4.4.1 Door and window openings in the fire barrier wall shall be compliance with this chapter and applicable state or local laws, protected by self-closing fire doors or fixed fire windows having a fire ordinances, or regulations protection rating of not less than 3/4 hour and shall be installed in (5) Means of egress accordance with NFPA 80, Standard for Fire Doors and Fire Windows. (6) Construction details 7.4.4.2 Any other openings or penetrations in the fire barrier wall 7.3.2.3 The site plan for stands and tents shall show the location of the shall be protected in accordance with NFPA 101, Life Safety Code. stand or tent on the site and indicate the minimum separation distances required by Section 7.7.

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7.5 Fire Protection. 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 7.5.1 Automatic Sprinkler System. temporary consumer fireworks retail sales facility, except when delivering, loading, or unloading fireworks or other merchandise and 7.5.1.1 An automatic sprinkler system installed in accordance with materials used, stored, or displayed for sale in the facility. NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided in consumer fireworks retail sales facilities of greater than 7.6.4 Fireworks Discharge. 1115 m2 (12,000 ft2). 7.6.4.1 Fireworks shall not be ignited, discharged, or otherwise used 7.5.1.2 The waterflow alarm device shall be arranged to activate within 91.5 m (300 ft) of a consumer fireworks retail sales facility or audible and visual alarms throughout the facility in accordance with store.  NFPA 72, National Fire Alarm Code . 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 7.5.2 Portable Fire Extinguishers. posted on the exterior of each side of the consumer fireworks retail sales facility: 7.5.2.1 Specification. Portable fire extinguishers shall be specified as required for extra (high) hazard occupancy in accordance with NFPA NO FIREWORKS DISCHARGE WITHIN 300 FEET 10, Standard for Portable Fire Extinguishers. 7.6.5 No Smoking Signs. 7.5.2.2 Minimum Number. Every consumer fireworks retail sales facility shall have not less than two portable fire extinguishers with a 7.6.5.1 Smoking shall not be permitted inside or within 15.5 m (50 ft) minimum 2A rating, at least one of which shall be of the pressurized of the consumer fireworks retail sales area. water type. 7.6.5.2 At least one sign that reads as follows, in letters at least 51 mm 7.5.2.2.1 Temporary consumer fireworks retail sales stands of less than (2 in.) high on a contrasting background, shall be conspicuously 18.6 m2 (200 ft2) shall be required to have only one portable fire posted at each entrance or within 3.05 m (10 ft) of every aisle directly extinguisher. serving the consumer fireworks retail sales area in a store:

7.5.2.2.2 Where more than one portable fire extinguisher is required, NO SMOKING at least one fire extinguisher shall be of the multipurpose dry chemical type if the facility is provided with electrical power. 7.7 Separation Distances.

7.5.2.3 Location. 7.7.1 Permanent Facilities.

7.5.2.3.1 Portable fire extinguishers for permanent consumer 7.7.1.1 New Facilities. New permanent consumer fireworks retail sales fireworks retail sales facilities and stores shall be located so that the facilities shall be separated from adjacent permanent buildings and maximum distance of travel required to reach an extinguisher from structures in accordance with Table 7.7.1.1. any point does not exceed 23 m (75 ft) as specified in NFPA 10, Standard for Portable Fire Extinguishers. Table 7.7.1.1 Separation Distance for Between Permanent Buildings and Structures 7.5.2.3.2 Portable fire extinguishers for temporary consumer fireworks Exterior Exterior retail sales facilities shall be installed and located so that the Wall Wall maximum distance of travel required to reach an extinguisher from Fire Opening any point does not exceed 10.6 m (35 ft). Separation Resistance Protection Distance Rating Rating 7.5.3 Fire Alarms. A fire alarm system shall be provided as required by m ft (hr) (hr) NFPA 101, Life Safety Code. 1 10 <3.05 2 1 /2 3 > 10 < 60 > 3.05 < 18.3 1 /4 7.6 Site Requirements. > 60 > 18.3 0 0

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 7.7.1.2 Existing Facilities. Existing permanent consumer fireworks fireworks retail sales facility shall be accessible within 45.7 m (150 ft) retail sales facilities shall be separated from adjacent permanent of a public way or an approved fire apparatus access. 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. 7.6.2 Clearance to Combustibles. The area located within 9 m (30 ft) of a consumer fireworks retail sales facility shall be kept free of 7.7.2 Temporary Facilities. Temporary consumer fireworks retail sales accumulated dry grass, dry brush, and combustible debris. facilities shall be located as specified in Table 7.7.2.

Table 7.7.2 Temporary Consumer Fireworks Retail Sales Facilities — Minimum Separation Distances Storage of Consumer Buildings Combustibles1 Stands Vehicle Parking Tents2 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. 1799 NFPA 1124 — May 2002 ROP — Copyright 2001, NFPA

7.7.3 Other Separation Distances. point to an exit along the natural and unobstructed path of egress travel, does not exceed 22.9 m (75 ft). 7.7.3.1 Consumer fireworks retail sales facilities and stores shall not be located within 15.2 m (50 ft) of the following: 7.8.4.2 Exits provided for temporary fireworks retail sales stands shall be arranged so that the maximum egress travel distance does not (1) Motor vehicle fuel-dispensing station dispensers exceed 10.6 m (35 ft). (2) Retail propane-dispensing station dispensers (3) Aboveground storage tanks for flammable or combustible 7.8.5 Aisles. Aisles serving as a portion of the exit access in consumer liquid, flammable gas, or flammable liquefied gas fireworks retail sales facilities or within the consumer fireworks retail (4) Compressed natural gas dispensing facilities sales area of a store shall comply with this subsection.

7.7.3.2 Consumer fireworks retail sales and storage areas shall not be 7.8.5.1 Aisle Width. located within 91.2 m (300 ft) of any aboveground bulk storage or bulk dispensing area for the following: 7.8.5.1.1 Aisles shall have a minimum clear width of 1.2 m (48 in.).

(1) Flammable or combustible liquid 7.8.5.1.2 The required width of aisles shall be maintained (2) Flammable gas unobstructed at all times the facility is occupied by the general public. (3) Flammable liquefied gas 7.8.5.2 Minimum Clear Width. In temporary consumer fireworks retail 7.7.3.3 Fuel tanks on vehicles or other motorized equipment shall not sales stands where the interior is not accessible to the general public, be considered bulk storage. the minimum clear width of the aisle shall be permitted to be not less than 710 mm (28 in.). 7.7.3.4 Fuel storage for generators shall be in accordance with 7.11.3. 7.8.5.3* Aisle Arrangements. 7.8 Means of Egress. 7.8.5.3.1 Not less than one aisle shall be provided and arranged so 7.8.1 General. Means of egress in permanent consumer fireworks that travel along the aisle leads directly to an exit. retail sales facilities shall comply with the applicable requirements of NFPA 101, Life Safety Code, as modified by Section 7.8. 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. 7.8.1.1 Means of egress in stores and bulk merchandising retail buildings where the retail sales of consumer fireworks are conducted 7.8.5.3.3 Aisles shall terminate at an exit, another aisle, or a cross-aisle. shall comply with NFPA 101, Life Safety Code, unless otherwise specified in Section 7.8. 7.8.5.3.4 Dead-end aisles shall be prohibited.

7.8.1.2* Means of egress in tents and membrane structures used for 7.8.5.3.5 Where more than one aisle is provided, not less than one consumer fireworks retail sales shall comply with NFPA 101, Life Safety cross-aisle shall have an unobstructed connection with every aisle, Code, and NFPA 102, Standard for Grandstands, Folding and Telescopic other than cross-aisles. Seating, Tents, and Membrane Structures, as modified by Section 7.8. 7.8.5.3.6 Cross-aisle connections shall be provided for each aisle at 7.8.1.3 Means of egress in temporary consumer fireworks retail sales intervals not greater than 15.2 m (50 ft) as measured along the aisle. stands shall comply with Section 7.8. 7.8.5.3.7 Where cross-aisles are required, not less than one cross-aisle 7.8.2* Fire Safety and Evacuation Plan for Permanent Facilities. shall have at least one end terminate at, or within 3.05 m (10 ft) of, an exit. 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 7.8.6 Doors and Doorways. Doors and doorways used in the means of writing and maintained current. egress shall comply with this subsection.

7.8.2.2 The evacuation plan shall be posted in a conspicuous location 7.8.6.1 Egress doorways shall be not less than 910 mm (36 in.) in that is accessible to the general public as well as to persons employed width, with a minimum of ____ m (32 in.) in clear width. or otherwise working in the facility. 7.8.6.2 Exit doorway openings from tents shall have a clear opening 7.8.3 Number of Exits. width of not less than 1100 mm (44 in.).

7.8.3.1 The minimum number of exits provided from the retail sales 7.8.6.3 Egress doors provided for temporary fireworks retail sales area shall be not less than three or as determined in accordance with stands where the interior is not accessible to the general public shall NFPA 101, Life Safety Code, whichever number is greater. be permitted to be not less than 710 mm (28 in.) in width.

7.8.3.2 Retail sales areas within Class C stores in which consumer 7.8.6.4 In consumer fireworks retail sales facilities other than fireworks retail sales are conducted and temporary consumer temporary stands where the interior is not accessible to the general fireworks retail sales stands shall have a minimum of two exits. public, every egress door that has a lock or latching device shall be provided with panic hardware complying with NFPA 101, Life Safety 7.8.4 Egress Travel Distance. Code.

7.8.4.1 Exits provided for the retail sales area of tents, membrane 7.8.6.5 Means of egress doors shall be of the side-hinge swinging type structures, canopies and permanent consumer fireworks retail sales and shall be arranged to swing in the direction of egress travel. facilities, including Class C stores, shall be located so that the maximum egress travel distance, measured from the most remote

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7.9 Exit Signs and Emergency Lighting. 7.10.3.4* Where packaged fireworks merchandise is displayed on the same level as individual unpackaged fireworks devices, a flame break 7.9.1 Exit Signs. shall not be required where both of the following criteria are met:

7.9.1.1 Exits shall be marked by an approved exit sign in accordance (1) The continuous length of the packaged fireworks merchandise with NFPA 101, Life Safety Code. is not less than 2.4 m (8 ft). (2) The distance between flame breaks does not exceed 9.8 m (32 7.9.1.2 Exit signs shall be required to be self-luminous or internally or ft). externally illuminated. 7.10.3.5 Where a merchandise display level contains packaged 7.9.1.3 Exit signs shall not be required to be illuminated in tents or fireworks merchandise, such merchandise shall be permitted to be stands that are not open for business after dusk or in temporary displayed in a continuous length on the same level where the display consumer fireworks retail sales stands where the interior is not does not exceed 9.8 m (32 ft) without a flame break. accessible to the general public. 7.10.3.6 An aisle having a minimum width of 1.1 m (44 in.) shall be 7.9.2 Emergency Lighting. permitted to substitute for a flame break.

7.9.2.1 The means of egress, including the exit discharge, shall be 7.10.3.7 Where displays of merchandise face aisles that run along both illuminated whenever the facility is occupied in accordance with long sides of the display fixtures or display surface, a flame break shall NFPA 101, Life Safety Code. be installed lengthwise between the abutting display fixtures or along the approximate longitudinal centerline of the display surface so as to 7.9.2.2 Emergency lighting shall be provided for consumer fireworks separate the merchandise facing one of the aisles from the retail sales facilities and stores and shall comply with NFPA 101, Life merchandise that abuts it facing the other aisle. Safety Code. 7.10.3.8 Shelving or other surfaces used to support fireworks display 7.9.2.3 Emergency lighting shall not be required for tents that are not merchandise shall be permitted to have not more than 10 percent of open for business after dusk or for temporary consumer fireworks the area of the shelf contain holes or other openings. retail sales stands where the interior is not accessible to the general public. 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 7.10* Retail Sales Displays. comply with 7.10.3.

7.10.1 General. The requirements of this section shall apply only to 7.10.4 Covered Fuses. Only consumer fireworks meeting the criteria consumer fireworks retail sales facilities and stores where the retail for covered fuses as defined in Section 3.3 or as described in 7.10.4.1 sales of consumer fireworks are conducted, unless otherwise shall be permitted in a facility in which the retail sales of consumer specifically indicated. fireworks are conducted.

7.10.2* Height of Sales Displays. Consumer fireworks on display or 7.10.4.1 A consumer fireworks device shall also be considered as located on shelves or counters or other fixtures shall not be displayed having a covered fuse if the following criteria are met: to a height greater than 1.8 m (6 ft) above the floor surface within the consumer fireworks retail sales area. (1) The consumer fireworks device is contained within a packaged arrangement, container, or wrapper. 7.10.2.1 Where located along the perimeter of the retail sales area, the (2) The packaging, container, or wrapper is arranged and maximum height of sales displays shall be limited to 3.66 m (12 ft). configured such that the fuse of the consumer fireworks device cannot be touched directly by a person handling the fireworks 7.10.2.2 In temporary consumer fireworks retail sales stands where the without causing one or more of the following: interior is not accessible to the general public, the maximum height a. Puncturing or tearing of the packaging or wrapper of sales displays shall be limited to 2.44 m (8 ft). b. Unsealing or breaking open of the packaging or container c. Other damage or destruction of the packaging, container, 7.10.3* Flame Breaks. or wrapper.

7.10.3.1 Where continuous displays of merchandise are located on 7.10.4.2 Individual consumer fireworks items displayed for sale in shelving, cases, counters, and similar display fixtures, a flame break temporary consumer fireworks retail sales stands where the interior is shall be provided so that the maximum distance between flame breaks not accessible to the general public shall not be required to have does not exceed 4.9 m (16 ft) where measured along the length of the covered fuses. display. 7.10.5 Packaged Fireworks. Consumer fireworks displayed for sale in 7.10.3.2 Flame breaks shall not be required in consumer fireworks stores shall be permitted to be packaged fireworks merchandise only. retail sales facilities or stores protected with an automatic sprinkler system installed in accordance with NFPA 13, Standard for the 7.11 Equipment. Installation of Sprinkler Systems. 7.11.1 Electrical Equipment. Battery-powered equipment, electrical 7.10.3.3 The flame break shall extend as follows: equipment, and electrical cords that are used in conjunction with a consumer fireworks retail sales facility or location shall be listed and (1) From the display surface to not less than 150 mm (6 in.) above shall be used in accordance with their listing. the full height of the displayed merchandise or to the underside of the display surface directly above 7.11.1.1 Temporary wiring installed in a temporary structure (2) For the full depth of the displayed merchandise 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 7.12.4 Display and Handling. an outdoor surface to connect the permanent power source to the temporary consumer fireworks retail sales facility’s temporary 7.12.4.1 The following shall apply to the sales display of consumer electrical system, the conductors shall be provided with physical fireworks in temporary consumer retail sales stands that do not allow protection against damage caused by pedestrian or vehicular traffic. access to the interior of the stand by the general public:

7.11.2 Temporary Heating Sources. (1) Consumer fireworks shall be displayed in a manner that prevents the fireworks from being handled by persons other than 7.11.2.1 Temporary heating units shall be listed and shall be used in those operating, supervising, or working in the temporary consumer accordance with their listing. fireworks retail sales stand. (2) The handling requirements of 7.12.4.1(1) shall not apply to 7.11.2.2 Temporary heating sources shall have tip-over and packaged assortments, boxes, or similarly packaged containers of one temperature-overheat protection. or more items, regardless of type.

7.11.2.3 Open-flame and exposed-element heating devices shall be 7.12.4.2 The floor area occupied by the retail displays of consumer prohibited. fireworks in permanent consumer fireworks retail sales facilities shall not exceed 40 percent of the available floor area within the retail sales 7.11.3 Generators. Generators supplying power to consumer fireworks area. 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 7.12.4.3 Not less than 50 percent of the available floor area within the fireworks retail sales facility. retail sales area shall be open space that is unoccupied by retail displays and used only for aisles and cross-aisles. 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 7.12.5* Sales to Minors. Any person selling consumer fireworks shall facility. not knowingly sell consumer fireworks to persons under the age of 16, unless the person is accompanied by a responsible person not less 7.11.3.2 Generators shall be permitted to use flammable fuel, than age 18 or as otherwise permitted by local or state laws, provided that the quantity of such fuel is limited to 7.6 L (2 gal). ordinances, or regulations.

7.11.3.3 Generators and their fuel storage located not less than 15.2 m 7.12.6 Signs. (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. 7.12.6.1 Where not otherwise required by local or state laws, ordinances, or regulations, a sign that reads as follows shall be 7.11.4 Cooking Equipment. Cooking equipment of any type shall not conspicuously posted on the front of each consumer fireworks retail be permitted within 6.1 m (20 ft) of tents, canopies, or membrane sales facility or at the consumer fireworks retail sales area, and at the structures used for the storage or sale of consumer fireworks. point of sale:

7.12 Operations. NO FIREWORKS SALES TO PERSONS UNDER 16. PHOTO ID REQUIRED. 7.12.1 Temporary Consumer Fireworks Retail Sales Stands. 7.12.6.2 A sign that reads as follows, in letters not less than 25 mm (1 7.12.1.1 A clear aisle or walkway not less than 711 cm (28 in.) wide in.) high on contrasting background, shall be conspicuously posted at shall be maintained inside the full length of temporary consumer each entrance to the consumer fireworks retail sales area in consumer fireworks retail sales stands. fireworks retail sales facilities and stores in which the general public has access to the interior: 7.12.1.2 Customers shall not be permitted inside a temporary consumer fireworks retail sales stand unless it complies with the PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER means of egress requirements in Section 7.8. THE SUPERVISION OF, A RESPONSIBLE PERSON OF AT LEAST 18. 7.12.2 Security. 7.12.7* Training. All personnel handling consumer fireworks shall 7.12.2.1 Consumer fireworks retail sales facilities shall be secured receive safety training related to the performance of their duties. when unoccupied and not open for business, unless fireworks are not kept in the facility during such times. 7.12.8 Under the Influence. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is 7.12.2.2 The fireworks displayed or stored in the facility shall be obviously under the influence of alcohol or drugs. permitted to be removed and transferred to a temporary storage structure or location. Chapter 8 Transportation of Fireworks, Pyrotechnic Articles, and Any 7.12.3 Personnel. Component(s) Containing Pyrotechnic or Explosive Materials on Public Highways 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 8.1 General Requirements. Transportation of fireworks, pyrotechnic the hours of sale to the public and shall be responsible for the articles, and any component(s) containing pyrotechnic or explosive supervision of the facility and its operation. materials shall meet all applicable requirements of the U.S. Department of Transportation (U.S. DOT), 49 CFR, 170 to end, and 7.12.3.2 No person under the age of 16 shall be permitted to work any applicable local, state, or international requirements. within consumer fireworks retail sales facilities and stores unless otherwise permitted by state or local laws, ordinances, or regulations.

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Annex A Explanatory Material A.3.3.9.5 Nonprocess Building. A pyrotechnic laboratory is considered to be a nonprocess building, but it is subject to the required Annex A is not a part of the requirements of this NFPA document but is separation distances for a consumer fireworks process building. included for informational purposes only. This annex contains explanatory material, numbered to correspond with the applicable text paragraphs. A.3.3.9.6 Process Building. A process building is also any building at a manufacturing facility where consumer fireworks are prepared for A.3.2.1 Approved. The National Fire Protection Association does not shipment. Examples of operations performed in a process building approve, inspect, or certify any installations, procedures, equipment, include, but are not limited to, the following: or materials; nor does it approve or evaluate testing laboratories. In determining the acceptability of installations, procedures, equipment, (1) Assembling or materials, the authority having jurisdiction may base acceptance on (2) Mixing compliance with NFPA or other appropriate standards. In the absence (3) Pressing of such standards, said authority may require evidence of proper (4) Drying of fireworks or pyrotechnic articles or their installation, procedure, or use. The authority having jurisdiction may compositions also refer to the listings or labeling practices of an organization that is (5) Any combination of the operations in A.3.3.9.6(1) through (4) concerned with product evaluations and is thus in a position to determine compliance with appropriate standards for the current A.3.3.9.9 Unoccupied Building. An unoccupied building can be used production of listed items. for long-term storage of materials acceptable to the authority having jurisdiction, provided that no fireworks or pyrotechnic composition is A.3.2.2 Authority Having Jurisdiction. The phrase “authority having stored within the building. jurisdiction” is used in NFPA documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. A.3.3.19 Consumer Fireworks Retail Sales Stand. Stands can include, but Where public safety is primary, the authority having jurisdiction may are not limited to, small buildings, plywood or sheet metal structures, be a federal, state, local, or other regional department or individual manufactured buildings, semitrailers, trailers, shipping containers, or such as a fire chief; fire marshal; chief of a fire prevention bureau, similar structures or facilities. labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance A.3.3.20 Covered Fuse. The purpose of the covered fuse is to minimize purposes, an insurance inspection department, rating bureau, or the accidental ignition of fireworks in a retail display by a lighted other insurance company representative may be the authority having cigarette or a match, a cigarette lighter, or similar small open flame, as jurisdiction. In many circumstances, the property owner or his or her well as to reduce the potential for the rapid involvement of fireworks in, designated agent assumes the role of the authority having jurisdiction; and the subsequent acceleration of, a fire originating within a retail at government installations, the commanding officer or departmental display of consumer fireworks. official may be the authority having jurisdiction. 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 A.3.2.3 Code. The decision to designate a standard as a “code” is entire fireworks device or group of fireworks devices with paper, plastic, based on such factors as the size and scope of the document, its cardboard, paperboard, or similar or equivalent materials. intended use and form of adoption, and whether it contains Examples of covered fuses of fireworks devices include those contained substantial enforcement and administrative provisions. within prepackaged assortments, multi-item packages, and similar retail merchandise arrangements that are displayed within unopened and A.3.2.5 Listed. The means for identifying listed equipment may vary unperforated containers so that they are not exposed to view, or they are for each organization concerned with product evaluation; some covered with, or are contained within, plastic wrap, paper, paperboard, organizations do not recognize equipment as listed unless it is also cardboard, or other types of wrapping or packaging materials designed labeled. The authority having jurisdiction should utilize the system to prevent the fuses from coming into direct contact with an ignition employed by the listing organization to identify a listed product. source.

A.3.3.1 Aerial Shell. The shells are most commonly 76-mm to 152-mm A.3.3.23 Explosive. U.S. Department of Transportation Revisions of (3-in. to 6-in.) outside diameter and are fired from mortars. Upon Explosive Materials Transport Regulations. firing of the shell, the fuse and lift charge are consumed. On December 21, 1990, the U.S. Department of Transportation (U.S. DOT) issued a final rule that revised 49 CFR, 171 to 180, A.3.3.5.3 Screen Barricade. Such barricades can be constructed of “Hazardous Materials Regulations.” 1 metal roofing, 6-mm to 13-mm ( /4-in. to ½-in.) mesh screen, or These regulations cover the classification, packaging, and shipping equivalent material. of explosives (including blasting agents), oxidizers (ammonium nitrate), flammable liquids, and flammable solids. A.3.3.7 Binary System. The ingredients for such a system are shipped Essentially, the U.S. DOT has revised the U.S. hazardous materials separately as an oxidizer and a fuel. The ingredients do not become a regulations so that they conform with international regulations, which pyrotechnic material until they are mixed. are based on the United Nations Recommendations on the Transport of Dangerous Goods. The revised regulations are designed to A.3.3.9.1 Bulk Merchandising Retail Building. A bulk merchandising standardize testing and classification procedures, nomenclature, retail building is considered to be a store, as defined in Section 3.1. Thus, packaging, labeling, placarding, and handling and to eliminate a bulk merchandising retail building also needs to be classified as a Class inconsistencies that currently exist between the U.S. (domestic) and A, Class B, or Class C mercantile occupancy (store) in order to apply this UN (international) standards. code. These facilities are usually called “big box” stores within the retail The most important change affecting the user of explosive materials is sales industry. Their interiors look like a cross between a rack storage the elimination of Class A, Class B, and Class C explosives and blasting warehouse and a department store. agents. Under the UN recommendations, all explosive materials are Class 1 explosives. Class 1 explosives include six divisions as follows: A.3.3.9.3 Mechanical Building. A mechanical building is intended to be an unoccupied building. (1) Division 1.1 includes explosives that have a mass explosion hazard. A.3.3.9.4 Mixing Building. This definition does not apply to wet (2) Division 1.2 includes explosives that have a projection hazard sparkler mix preparation. but not a mass explosion hazard.

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(3) Division 1.3 includes explosives that have a fire hazard and (1) Assembly of display pieces from finished pyrotechnic articles either a minor blast hazard or a minor projection hazard, or both, but classed as Explosive 1.4 not a mass explosion hazard. (2) Minor repairs or modification of consumer fireworks not (4) Division 1.4 includes explosive devices that contain not more involving exposed pyrotechnic material than 25 g (0.9 oz) of a detonating material and present a minor (3) Packing of finished consumer fireworks into consumer explosion hazard. fireworks assortments (5) Division 1.5 includes very insensitive explosives that have a mass (4) Attachment of electric matches and minor repairs to display explosion hazard but are so insensitive that there is little probability of fireworks and pyrotechnic articles initiation or of transition from burning to detonation under normal conditions of transport. A.3.3.26 Fireworks. Toy caps for use in toy pistols, toy canes, toy guns, (6) Division 1.6 includes extremely insensitive articles that do not and novelties and trick noisemakers are not considered to be have a mass explosion hazard, and articles that demonstrate a fireworks (see Annex C) . The regulations referred to limit the explosive negligible probability of accidental initiation or propagation (no content of each toy cap to not more than an average of 16.2 mg (0.25 applicable hazard class). gr). Also, each package containing such caps has to be labeled to indicate the maximum explosive content per cap. For information on The classification code for an explosive consists of the division the use of model rockets and model rocket motors, see NFPA 1122, number followed by the compatibility group letter. Compatibility Code for Model Rocketry. Model rockets and model rocket motors group letters designate the controls for the transportation, and designed, sold, and used for the purpose of propelling recoverable storage related thereto, of explosives and to prevent an increase in aero models are not considered to be fireworks. hazard that might result if certain types of explosives are stored or transported together. A.3.3.26.2 Consumer Fireworks. Consumer fireworks are normally Compatibility groups and classification codes for the various types classed as Explosives, 1.4G and described as Fireworks, UN 0336 by of explosives are set forth in Tables A.3.3.23(a) and (b). Table the U.S. Department of Transportation (U.S. DOT) (see Annex C). A.3.3.23(a) sets forth compatibility groups and classification codes for Some small devices designed to produce audible effects are included, substances and articles described in the first column of the table. such as whistling devices, ground devices containing 50 mg (0.8 gr) or Table A.3.3.23(b) specifies the number of classification codes that are less of explosive composition (salute powder), and aerial devices possible within each explosive division. Altogether, there are 35 containing 130 mg (2 gr) or less of explosive composition (salute possible classification codes for explosives. powder) per explosive unit. Consumer fireworks contain limited For comparative purposes, the classification of explosive materials quantities of pyrotechnic composition per unit and do not pose a under the UN recommendations and the current U.S. DOT system is mass explosion hazard where stored. Therefore, they are not required provided as follows: to be stored in a magazine.

(1) Division 1.1, Class A explosives include dynamite, cast boosters, A.3.3.26.3 Display Fireworks. Display fireworks are described as cap sensitive emulsions, water gels and slurries, and Class A Fireworks, UN 0335 and are classed as Explosives, 1.3G by the U.S. detonators. Department of Transportation (U.S. DOT) (see Annex C). (2) Division 1.2, Class A or Class B explosives are generally Display fireworks include, but are not limited to, the following: ammunition or material that has a projection hazard. (3) Division 1.3, Class B explosives are generally propellants or (1) Salutes containing more than 130 mg (2 gr) of explosive explosives that have a fire hazard but not a mass detonation hazard. composition (salute powder) (4) Division 1.4, Class C explosives include Class C detonators, (2) Aerial shells containing more than 60 g (2.1 oz) of total safety fuses, and other Class C explosives. pyrotechnic and explosive composition (5) Division 1.5 is comprised of blasting agents that include (3) Other display pieces that exceed the limits for classification as ammonium nitrate/fuel oil, noncap-sensitive emulsions, water gels, consumer fireworks. slurries, and packaged blasting agents. (6) Division 1.6 has no compatibility group designation, since, A.3.3.29 Fuel. Fuel is an ingredient of pyrotechnic materials. currently, no commercial explosives exist in Division 1.6. A.3.3.34 Manufacture. The following operations are not considered to In the UN system, oxidizers and organic peroxides form Class 5. be manufacturing where performed in a separate building or area: For example, ammonium nitrate, an oxidizer, is classified as 5.1 (Class 5, Division 1). Flammable and combustible liquids (fuel oils) are Class (1) Assembly of display pieces from finished pyrotechnic articles 3, and flammable solids are Class 4. classed as Explosive 1.4 To determine the proper classification of an explosive, criteria (2) Minor repairs or modification of consumer fireworks not (class and division) and test procedures have been set up in the UN involving exposed pyrotechnic material recommendations. The criteria and testing initially determine (3) Packing of finished consumer fireworks into consumer whether a material is an explosive and subsequently the hazard fireworks assortments division for the material is determined. (4) Attachment of electric matches and minor repairs to display fireworks and pyrotechnic articles In addition to the class and division number, every explosive under the UN recommendations has a proper shipping name and a four- A.3.3.36.2 Bullet-Sensitive Explosive Material. The test material is at a digit identification number. Under this regulation, shipping cases are temperature of 21°C to 24°C (70°F to 75°F) and is placed against a required to show the proper shipping name and the identification 12.7-mm (1/2-in.) steel plate. number. The UN Recommendations on the Shipment of Dangerous Goods A.3.3.36.5 Pyrotechnic Material (Pyrotechnic Special Effects Material). became effective October 1, 1991. Such a chemical mixture consists predominantly of solids capable of producing a controlled, self-sustaining, self-contained exothermic A.3.3.25.2 Manufacturing Facility. The following operations are not chemical reaction that results in heat, gas, sound, or light, or a considered to be manufacturing where performed in a separate combination of these effects. The chemical reaction functions without building or area: external oxygen.

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Table A.3.3.23(a) Classification Codes Substance or Article to Be Classified Compatibility Classification Group Code Primary explosive substance A 1.1A

Article containing a primary explosive substance and not containing two or more effective B 1.1B, 1.2B, 1.4B protective features

Propellant explosive substance or other deflagrating explosive substance or article C 1.1C, 1.2C, 1.3C, 1.4C containing such explosive substance

Secondary detonating explosive substance or black powder or article containing a D 1.1D, 1.2D, 1.4D, 1.5D 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

Article containing a secondary detonating explosive substance, without means of E 1.1E, 1.2E, 1.4E initiation, with a propelling charge (other than one containing flammable liquid or hypergolic liquid)

Article containing a secondary detonating explosive substance, with its means of F 1.1F, 1.2F, 1.3F, 1.4F initiation, with a propelling charge (other than one containing flammable liquid or hypergolic liquid) or without a propelling charge

Pyrotechnic substance or article containing a pyrotechnic substance, or article containing G 1.1G, 1.2G, 1.3G, 1.4G 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)

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 L 1.3L risk (e.g., due to water activation or presence of hypergolic liquids, phosphides, or pyrophoric substances) that requires isolation of each type

Article containing only extremely insensitive detonating substances N 1.6N

Substance or article so packed or designed that any hazardous effects arising from S 1.4S 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

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, A.4.12.6 Where practicable, nonsparking machinery and tooling see Annex C. should be used. To the extent practical, ferrous metals should be covered with nonsparking coatings such as epoxy paint. A.3.3.44 Oxidizer. Where such a chemical decomposes, it releases A.4.15.1 This requirement minimizes personnel exposure and is oxygen. In addition to ionic solids, an oxidizer can be a material distinct from any requirement on maximum building occupancy that having covalent molecules containing halogen atoms. An oxidizer is might exist in local ordinances. an ingredient of pyrotechnic materials. A.4.17.5 Pile heights should be limited to 3.7 m (12 ft). Aisle widths A.3.3.49 Prepackaged Fireworks Merchandise. Prepackaged fireworks should be equivalent to pile heights. For information on general merchandise are generally fireworks items or groups of fireworks items storage requirements, see NFPA 230, Standard for the Fire Protection of that have been packaged by the manufacturer or distributor before they Storage. For information on rack storage, see NFPA 13, Standard for the are offered for sale to the consumer. The packaging arrangement Installation of Sprinkler Systems. completely encapsulates the fireworks item or items within paperboard, cardboard, plastic wrap, or similar materials or combinations of A.4.17.12 Water is the best means of fighting a fire involving materials. Such encapsulation ensures that a person must puncture, tear, consumer fireworks. Suffocation methods and dry chemical unseal, or break open the package or otherwise damage or destroy the extinguishers are not as effective, since consumer fireworks packaging materials in order to gain access to, and directly handle, compositions contain their own oxygen. A water-charged extinguisher each individual fireworks item to expose its fuse. 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 A.3.3.55 Pyrotechnic Laboratory. A pyrotechnic laboratory typically fireworks become heavily involved in a fire, employees should processes small batches of chemicals and compositions, manufactures evacuate the area. The quantity of consumer fireworks in storage and prototypes, or conducts a variety of tests and analyses. See Process the location of the storage building with respect to adjacent buildings Building, Section 3.3, and 4.9.9. and combustible materials should be considered in evaluating the type and amount of portable fire-fighting equipment that should be A.3.3.67 Stars. Stars burn while in the air, producing color or streamer available. effects. A.4.19.5.2(3) As a minimum, each shell should bear a label A.3.3.69 Store. Stores are subclassified as Class A, Class B, or Class C containing the following information: in accordance with NFPA 101, Life Safety Code. (1) Description of the size of the shell [for example, 76-mm (3-in.) A.4.5.2 For information on the use of conductive surfaces to minimize shell] the hazard of static electricity, see 12.4.1 of NFPA 99, Standard for (2) Description of the type of shell (for example, 2-break with Health Care Facilities. report) (3) Warning statement that reads as follows: A.4.5.5.1 In general, the wall having the largest area should be chosen WARNING: DANGEROUS EXPLOSIVE. IF FOUND, DO NOT to provide explosion relief. The entire area of the wall should be HANDLE. CONTACT LOCAL FIRE OR POLICE DEPARTMENT. utilized. The term weakwall is used to describe the relative strength of (4) Name and location of the business of the manufacturer, the explosion-relieving wall as compared to the rest of the building. importer, or distributor, with conspicuous labeling as follows: a. The following statement should be printed in capital letters A.4.7.1(3) A bullet-resistant roof should be constructed according to at least 3 mm ( 1/8 in.) high and be underlined: any of the specifications in Annex B. A bullet-resistant ceiling should WARNING: DANGEROUS EXPLOSIVE be constructed at the eave line, covering the entire area of the b. The remaining printed matter does not need to be printed magazine, except for the necessary ventilation space. Examples of in capital letters, but the letters should be at least 3 mm (1/8 in.) bullet-resistant ceiling construction include the following: high. c. The required statements should be printed in a color that (1) Any construction meeting the specifications in Annex B contrasts sharply with the background and should be printed within a (2) A sand tray having a sand depth of at least 101.6 mm (4 in.) borderline. d. The label should be at least 58 cm2 (9 in.2), unless the size A.4.9.3.1 The use of barricades is highly recommended. 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.4.10 The maximum quantity of salute powder that is permitted in any process building or area is 4.5 kg (10 lb). A.5.2.2 Corresponding grades and brands of explosive materials should be stored together so that brand and grade markings are A.4.11.2 Where sufficient separation distances exist, the Regional readily visible. All stock should be stored so it can be easily counted Director of the Bureau of Alcohol, Tobacco and Firearms can grant a and checked. variance from this requirement upon written request. A.5.2.3 Where explosive materials are removed from the magazine for A.4.12.2.3 Smoking materials include matches, lighters, cigarettes, use, the oldest stock should be used first. cigars, and pipes. A.5.2.5 Open containers of explosive materials should be closed A.4.12.5 Care should be exercised, since some oxidizers are mutually securely before being returned to a magazine. No container without a incompatible. The NFPA Fire Protection Guide to Hazardous Materials, closed lid should be stored in a magazine. which contains the former NFPA 491, Guide to Hazardous Chemical Reactions, lists many oxidizers and other materials that result in A.6.2.3 Net weight equals the net weight of all pyrotechnic and hazardous interactions. Oxidizers commonly include nitrates, explosive compositions and fuse only. For display fireworks, chlorates, and perchlorates. approximately 50 percent of the gross weight of the fireworks equals the net weight of composition and fuse.

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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, 30.5 m discharge, or ignition of fireworks within the tent or temporary (100 ft) 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 1117.6 m provisions that specifically deal with how fireworks can be safely displayed (44 in.) or stored in tents or temporary membrane structures for the purpose of [min] 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 15.24 m (50 ft) 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. Figure A.7.8.5.3 Typical design for exit access aisle system in A.7.10 Consumer fireworks sealed in packaging meeting U.S. DOT consumer fireworks retail sales facility. 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 A.7.10.3 Flame breaks can be constructed of any of the following: several reasons. For employees, such visibility allows easier supervision of the customers and helps to minimize the possibility of malicious (1) Sheet steel mischief, such as the willful setting of fires in the fireworks merchandise (2) Sheet aluminum not less than 0.25 mm (0.010 in.) thick displays. It also allows employees to quickly observe and respond to an (3) Hardboard not less than 3 mm (1/8 in.) thick incipient fire condition. Response might include the following: (4) Gypsum board not less than 10 mm (3/8 in.) thick (5) Wood panels not less than 3 mm (1/8 in.) thick (1) Evacuation of the occupants (6) Plywood not less than 6 mm (1/4 in.) thick (2) Notification of the local fire department (7) Particleboard not less than 6 mm (1/4 in.) thick (3) Initiation of a fire attack using the fire extinguishers in the facility, (8) Cement fiberboard provided that the fire is still small enough (9) Plastic laminate not less than 3 mm (1/8 in.) thick (10) Safety glass not less than 3 mm (1/8 in.) thick For the customers, such visibility allows them also to quickly see a (11) Other approved material developing fire condition and react accordingly. Exits and their corresponding paths of travel are more easily observed, thus minimizing Where installed within a retail display fixture containing consumer panic and facilitating evacuation in a timely manner. Full visibility can be fireworks, the flame break should impede or retard the rapid spread of easily achieved by keeping the height of displays and displayed an incipient fire involving the fireworks and their packaging materials as merchandise within the retail sales area below adult eye level. Where any of the following occurs: 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. (1) The fire progresses along a display level or shelf However, if it is desirable to have higher displays of merchandise within (2) The fire attacks another display level or shelf above the retail sales area, equivalent means of achieving full visibility should be (3) The fire attacks another display fixture abutting the display fixture employed, such as the use of unobstructed surveillance mirrors of origin. strategically located throughout the sales area or the addition of more employees who can walk the sales floor and monitor the customers.

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As a result of installing flame breaks to impede fire spread, the (6) 3.2-mm (1/8-in.) steel lined with one of the following quantity and rate of smoke production can be retarded as well. Thus, materials: flame breaks can provide the building occupants with additional time to a. 127-mm (5-in.) hardwood react to an incipient fire and safely evacuate the building. b. 228.6-mm (9-in.) softwood c. 19.1-mm (3/4-in.) plywood with an intermediate layer of A.7.10.3.2 The purpose of specifying prepackaged fireworks merchandise 101.6-mm (4-in.) of hardwood is to permit such merchandise to be used in longer lengths of displays of d. Two layers of 19.1-mm (3/4 -in.) plywood with an consumer fireworks without the installation of a flame break. It is intermediate layer of 92.1-mm (3 5/8-in.), well-tamped, dry sand or presumed that prepackaged fireworks merchandise do not readily ignite sand/cement mixture when exposed to a fire developing within the retail display area merchandise and do not readily contribute to or accelerate a fire that B.3 Fire-Resistant Exterior. The exterior of any type of fire-resistant might spread along the surface of a display. Since the purpose of a flame material in a magazine should include one of the following to be break is to slow down the rapid spread of a fire involving a retail display considered structurally sound: of consumer fireworks to allow occupants time to react and evacuate the immediate area, properly prepackaged fireworks merchandise can also (1) Interior lining of 13-mm (1/2 -in.) plywood placed securely serve the purpose of a flame break. For a description of prepackaged against an intermediate 101.6-mm (4-in.) thick layer of solid concrete fireworks merchandise, see A.3.3.20, Covered Fuse. block, solid brick, or solid concrete (2) Interior lining of 19-mm (3/4 -in.) plywood and all of the A.7.12.5 Any person selling consumer fireworks should require proof following: of age of any fireworks purchaser as evidenced by a driver’s license, a. A first intermediate layer of 19-mm (3/4 -in.) plywood passport, photo identification card, or similar official document with b. A second intermediate layer of 92.1-mm (3 5/8-in.), well- photo that indicates date of birth and has been issued by a public or tamped, dry sand or sand/cement mixture private school or municipal, county, state, federal, or foreign c. A third intermediate layer of 19-mm (3/4 -in.) plywood government. d. A fourth intermediate layer of 50.8-mm (2-in.) hardwood or 14-gauge steel A.7.12.7 Training might be required by the U.S. Department of (3) Intermediate 152.4-mm (6-in.) space filled with well-tamped, Transportation or the Occupational Safety and Health Administration dry sand or sand/cement mixture as appropriate for the purpose of being employed in the operation of a consumer fireworks retail sales or storage facility. B.4 Masonry Exterior. The masonry exterior of a magazine should be constructed of one of the following: Annex B Magazine Construction (1) Standard 203.2-mm (8-in.) concrete block with voids filled with This annex is not a part of the requirements of this NFPA document but is well-tamped, dry sand or sand/cement mixture included for informational purposes only. (2) Standard 203.2-mm (8-in.) solid brick (3) Solid concrete of 203.2 mm (8 in.) B.1 General. Magazines constructed in accordance with the following (4) Two layers of 101.6-mm (4-in.) concrete block minimum specifications are approved as bullet resistant. All steel and wood dimensions are actual thickness; concrete block and brick Annex C Extract from American Pyrotechnics Association Standard dimensions are nominal. 87-1, Standard for Construction and Approval for Transportation of Fireworks B.2 Steel Exterior. The steel exterior of a magazine should be constructed of one of the following: This annex is not a part of the requirements of this NFPA document but is included for informational purposes only. (1) 16-mm (5/8-in.) steel with an interior lining of nonsparking material NOTE: Paragraphs in this annex that apply to approval by the (2) 13-mm (1/2-in.) steel with an interior lining of at least 9.5- U.S. Department of Transportation (U.S. DOT) for mm (3/8-in.) plywood transportation of fireworks are indicated by a dagger (†) (3) 9.5-mm (3/8-in.) steel lined with one of the following preceding the paragraph number. materials: a. 50.8-mm (2-in.) hardwood C.1 Introduction. b. 76.2-mm (3-in.) softwood c. 57.2-mm (2-in.) plywood †C.1.1 This annex provides manufacturers, importers, and (4) 6.4-mm (1/4-in.) steel lined with one of the following distributors of fireworks and novelties information to assist them in materials: manufacturing, testing, shipping, and labeling the products of the a. 76.2-mm (3-in.) hardwood fireworks industry in accordance with applicable federal laws and b. 127-mm (5-in.) softwood current good manufacturing practices. c. 133.4-mm (5 ¼-in.) plywood d. 38.1-mm (1 ½-in.) plywood with an intermediate layer of C.1.2 The information in this annex should enable manufacturers, 50.8-mm (2-in.) of hardwood importers, and distributors of fireworks and novelties to provide their (5) 4.8-mm (3/16-in.) steel lined with one of the following customers with products that can be transported and used safely and materials: without unreasonable risk. a. 101.6-mm (4-in.) hardwood b. 177.8-mm (7-in.) softwood †C.1.3 Fireworks and novelties are not acceptable for transportation c. 171.5-mm (6 ¾-in.) plywood within the jurisdiction of the United States unless they are classed, d. 19.1-mm (3/4-in.) plywood with an intermediate layer of packaged, labeled, and marked and are in proper condition for 76.2-mm (3-in.) of hardwood shipment in accordance with the U.S. DOT regulations in Title 49, CFR. See Section C.5 of this annex for further discussion.

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C.1.4 Consumer fireworks (fireworks classed as 1.4G and 1.4S, promulgated by the U.S. Consumer Product Safety Commission formerly Common Fireworks) and novelties are not acceptable for (CPSC) in Title 16, CFR, in addition to any limits and other sale to the public unless they are manufactured, labeled, and sold in requirements of this document. See Section C.3 of this annex for conformance with the regulations of the U.S. Consumer Product details. Safety Commission (CPSC) published in Title 16, CFR. See Section C.3 of this annex for further discussion. †C.2.6.2 Display Fireworks (formerly Special Fireworks). Fireworks devices primarily intended for commercial displays that are designed NOTE: Consumer fireworks are normally classed as 1.4G but can to produce visible or audible effects, or both, by combustion, be classed by U.S. DOT as 1.4S on the basis of specific test deflagration, or detonation, including, but not limited to, salutes results. containing more than 2 grains (130 mg) of explosive composition; aerial shells containing more than 1.4 oz (40 g) of chemical C.1.5 United States laws and regulations prescribe mandatory composition exclusive of lift charge; and other exhibition display requirements that a person must follow in order to market certain items that exceed the limits contained in this document for consumer products. In these instances, failure to comply can be regarded by fireworks. Certain devices intended for signaling, illuminating, and courts as negligence per se in product liability litigation. incendiary purposes and formerly classed as Special Fireworks no longer fall into this fireworks category. See Section C.4 of this annex †C.1.6 This annex applies to fireworks devices and novelties for for details. entertainment purposes. †C.2.6.3 Theatrical Pyrotechnics. Pyrotechnic devices for professional C.2 Definitions. use in the entertainment industry similar to consumer fireworks in chemical composition and construction but not intended for †C.2.1 Approval. For purposes of this annex, approval means the consumer use. Such articles meeting the weight limits for consumer assignment of proper hazard class, EX number, and proper shipping fireworks but not labeled as such and containing only chemicals name by the U.S. DOT so that fireworks and novelties can be shown in Table C.4.3.1 can be approved under the provisions of this transported under conditions specified in Title 49, CFR. See Section document and classified as “Article, Pyrotechnic, 1.4G, UN0431.” C.5 of this annex for details. NOTE: Theatrical pyrotechnics devices can be classed as “Article, †C.2.2 Black Match. A fuse made from thread impregnated with black Pyrotechnic, 1.4S, UN0432” by U.S. DOT on the basis of specific powder and used for igniting pyrotechnic devices. Black match is test results. classed as 1.3G and described as “Fuse, Instantaneous, non-detonating UN0101” or “Quick match UN0101.” †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 †C.2.3 Blowout. The unintended release of a pressure effect from device(s), or both. Included are diamond-shaped labels required by other than the intended orifice of a fireworks device. Examples U.S. DOT to be displayed on outside packaging for transportation include expulsion of the bottom plug of a roman candle, expulsion of purposes. The term also includes any identification, cautions, and the clay choke of a fountain, or the rupturing of the wall of a mine or other information required by this document or by any federal shell. government agency.

†C.2.4 Burnout. The unintended escape of flame through the wall of †C.2.8 Marking. The application of the proper shipping name, a pyrotechnic chamber during functioning of a fireworks device. identification number (UN number), instructions, cautions, weight, or specification mark or combination thereof to a package of †C.2.5 Chemical Composition. All pyrotechnic and explosive hazardous material. Marking also includes any required specification composition contained in a fireworks device. Inert materials such as mark on the inside or outside of a shipping container. clay used for plugs, or organic matter such as rice hulls used for density control, are not considered to be chemical composition. †C.2.9 Novelty. A device containing small amounts of pyrotechnic or explosive composition, or both, but not described as consumer †C.2.5.1 Explosive Composition. Any chemical compound or mixture, fireworks. Such devices produce limited visible or audible effects. the primary purpose of which is to function by explosion, producing These items shall be classed as 1.4G, unless classed as 1.4S or an audible effect in a fireworks device. deregulated as a hazardous material by U.S. DOT on the basis of specific test results. †C.2.5.2 Pyrotechnic Composition. A chemical mixture that on burning and without explosion produces visible or brilliant displays or †C.2.10 Placard. A warning symbol of a square-on-point configuration bright lights, or whistles or motion. mounted on each side and each end of a truck, rail car, or freight container that informs the public and emergency personnel of the †C.2.6 Fireworks. Any device, other than a novelty, intended to hazardous nature of the cargo, as specified in Title 49, CFR, Part 172. produce visible or audible effects, or both, by combustion, deflagration, or detonation. Fireworks are further described as †C.2.11 Quick Match (Instantaneous Fuse). Black match that is “Fireworks UN0336” or “Fireworks UN0337” (formerly Common encased in a loose-fitting paper sheath to make it burn extremely Fireworks and now referred to in this document as Consumer rapidly. Quick match is used for aerial shells and for simultaneous Fireworks), “Forbidden Fireworks,” or “Fireworks UN0335” (formerly ignition of a number of pyrotechnic devices, such as lances in a Special Fireworks and now referred to in this document as Display ground display piece. Quick match is classed as 1.3G and described as Fireworks). “Fuse, instantaneous, non-detonating” or “Quick match,” and assigned identification number “UN0101.” NOTE: Propelling and expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as designed †C.2.12 Safety Fuse. A fuse consisting of a thread-wrapped black to produce audible effects. 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 †C.2.6.1 Consumer Fireworks (formerly Common Fireworks). Any frequently green in color. Safety Fuse is described as “Fuse, Safety fireworks device for use by the public that complies with the UN0105” and classed as 1.4S. construction, performance, composition, and labeling requirements

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C.3 Requirements for Consumer Fireworks, Novelties, and Theatrical C.3.1.2 Aerial Devices. Pyrotechnics. NOTE 1: Devices in this category, formerly classed as Class C †C.3.1.2.1 Sky Rockets and Bottle Rockets. Cylindrical tube containing Explosive, Common Fireworks, are now classed as “Fireworks not more than 0.7 oz (20 g) of chemical composition with a wooden 1.4G” under the UN system, and referred to in this document as stick attached for guidance and stability. Rockets rise into the air Consumer Fireworks. upon ignition. A burst of color or sound, or both, can be produced at or near the height of flight. NOTE 2: Devices intended for non-consumer use in the entertainment industry that meet the chemical composition †C.3.1.2.2 Missile-type Rocket. A device similar to a sky rocket in size, requirements of this annex can be classed as 1.4G and described composition, and effect that uses fins rather than a stick for guidance as “Article, Pyrotechnic UN0431” under the provisions of this and stability. Missiles shall not contain more than 0.7 oz (20 g) of total document but are not required to comply with the fuse, chemical composition. construction, and labeling requirements of this annex. †C.3.1.2.3 Helicopter, Aerial Spinner. A tube containing not more †C.3.1 Types of Consumer Fireworks. The following fireworks devices than 0.7 oz (20 g) of chemical composition, with a propeller or blade are subject to the requirements of Section C.3 of this annex. 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 C.3.1.1 Ground and Hand-Held Sparkling and Smoke Devices. flight.

C.3.1.1.1 Cylindrical Fountain. Cylindrical tube containing not more †C.3.1.2.4 Roman Candle. Heavy paper or cardboard tube containing than 2.6 oz (75 g) of pyrotechnic composition. Upon ignition, a not more than 0.7 oz (20 g) of chemical composition. Upon ignition, shower of colored sparks, and sometimes a whistling effect or smoke, “stars” (pellets of pressed pyrotechnic composition that burn with is produced. This device can be provided with a spike for insertion bright color) are individually expelled. 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 †C.3.1.2.5 Mine, Shell. Heavy cardboard or paper tube usually hand-held (Handle Fountain). Where more than one tube is attached to a wooden or plastic base and containing not more than mounted on a common base, total pyrotechnic composition cannot 1.4 oz (40 g) of chemical composition plus not more than 0.7 oz (20 exceed 7.1 oz (200 g). 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 †C.3.1.1.2 Cone Fountain. Cardboard or heavy paper cone containing producing reports containing up to 2 grains (130 mg) of explosive not more than 1.8 oz (50 g) of pyrotechnic composition. The effect is composition per report (see C.3.1.3.1), or other devices are propelled the same as that of a cylindrical fountain. Where more than one cone into the air. A mine can contain more than one tube, provided the is mounted on a common base, total pyrotechnic composition cannot tubes fire in sequence upon ignition of one external fuse. Total exceed 7.1 oz (200 g). chemical composition including lift charges of any multiple tube device 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 C.3.1.3 Audible Ground Devices. colored flame upon ignition. Can be spike, base, or hand-held. Where more than one tube is mounted on a common base, total pyrotechnic †C.3.1.3.1 Firecracker. Small, paper-wrapped or cardboard tube composition cannot exceed 7.1 oz (200 g). containing not more than 0.8 grains (50 mg) of explosive composition, except that those used in aerial devices can contain up †C.3.1.1.4 Wheel. Pyrotechnic device intended to be attached to a to 2 grains (130 mg) of explosive composition per report. Upon post or tree by means of a nail or string. Can have one or more ignition, noise and a flash of light are produced. 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 NOTE: Firecrackers are not subject to the requirements of fuse (200 g) total pyrotechnic composition. Upon ignition, the wheel in C.3.5.1 and chemicals in C.3.6.1 of this annex. revolves, producing a shower of color and sparks and, sometimes, a whistling effect. 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 †C.3.1.1.5 Ground Spinner. Small device containing not more than composition. The device travels along the ground upon ignition. A 0.7 oz (20 g) of pyrotechnic composition, venting out an orifice whistling effect or other noise is often produced. Explosive usually on the side of the tube. Similar in operation to a wheel but composition can be included to produce a report but cannot exceed intended to be placed flat on the ground and ignited. A shower of 0.8 grains (50 mg). sparks and color is produced by the rapidly spinning device. †C.3.2 Types of Novelties. The following devices are classed as †C.3.1.1.6 Flitter Sparkler. Narrow paper tube attached to a stick or Fireworks 1.4G and described as Fireworks UN0336 unless they are wire and filled with not more than 0.2 oz (5 g) of pyrotechnic classed as 1.4S or not regulated as hazardous materials based on composition that produces color and sparks upon ignition. The paper specific test results. These devices that are not regulated are not at one end of the tube is ignited to make the device function. considered to be consumer fireworks.

†C.3.1.1.7 Toy Smoke Device. Small plastic or paper item containing †C.3.2.1 Party Popper. Small plastic or paper item containing not not more than 3.5 oz (100 g) pyrotechnic composition that, upon more than 0.25 grains (16 mg) of explosive composition that is ignition, produces white or colored smoke as the primary effect. friction sensitive. A string protruding from the device is usually pulled (These devices, where complying with the provisions of this annex, to ignite it. This item expels nonflammable paper streamers or other are classed as 1.4G unless classed as 1.4S or not regulated as an nonflammable novelties, or both, and produces a small report. explosive by U.S. DOT on the basis of specific test results.)

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†C.3.2.2 Snapper. Small, paper-wrapped item containing not more C.3.5.1.2 The fuse needs to be of sufficient length to burn at least 3 than 0.02 grains (1 mg) of explosive composition coated on small bits seconds but not more than 6 seconds before ignition of the device, of sand, and packaged with sawdust in individual containers of not except that fuse for roman candles or similar devices requiring a more than 50 units. When dropped, the device explodes, producing a longer fuse for safe functioning can burn up to 12 seconds before small report. ignition of the device.

†C.3.2.3 Snake, Glow Worm. Pressed pellet of not more than 0.07 oz C.3.5.1.3 The fuse needs to be securely attached, so that it will support (2 g) of pyrotechnic composition and packaged in retail packages of either the weight of the device plus 8 oz (227 g) of dead weight or not more than 25 units that produces as the primary effect a snake- double the weight of the device, whichever is less, without separation like ash upon burning. The ash expands in length as the pellet burns. from the fireworks device. (These devices are not regulated for transportation purposes.) C.3.5.2 Construction. †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 C.3.5.2.1 Bases. Each fireworks device that requires a base needs to sparks upon ignition. These items cannot contain magnesium, except utilize a base of wood or plastic (preferably nonbrittle, medium- that magnalium (magnesium-aluminum alloy) is permitted. Items impact polystyrene). The minimum horizontal dimension or the containing any chlorate or perchlorate salts cannot exceed 0.2 oz (5 diameter of the base needs to be equal to at least one-third the height g) of composition per item. (These items are not regulated as of the device (excluding any protruding fuse), unless the device explosives for transportation purposes. However, some meet the remains upright when subjected to a tilt of 12 degrees from the criteria for flammable solids.) horizontal. Bases are to remain firmly attached to the item during transportation, handling, and normal operation. †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 NOTE: See APA 87-1, Annex B, for method of measuring. 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 C.3.5.2.2 Sticks. The stick on a rocket (including skyrockets and bottle be packed in inside packages constructed of cardboard not less than rockets), and on other fireworks devices that utilize a stick, is to be 0.013 in. (0.33 mm) in thickness, metal not less than 0.008 in. (0.2 firmly attached to the body of the device by means of glue, staples, or mm) in thickness, noncombustible plastic not less than 0.015 in. (0.38 wire, and is to be secure enough to remain firmly attached during mm) in thickness, or a composite blister package consisting of transportation, handling, and normal operation. Sticks are to be rigid cardboard not less than 0.013 in. (0.33 mm) in thickness, and and of such length so as to assure stable flight. The maximum noncombustible plastic not less than 0.005 in. (0.13 mm) in thickness, curvature of such stick(s) cannot exceed 1 in. (25 mm). 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. NOTE: See APA 87-1, Annex B, for method of testing rigidity. (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 C.3.5.2.3 Handles. Each fireworks device that is intended to be hand- composition of toy caps are to be packed in any inside container. held and is so marked is to incorporate a handle at least 4 in. (101 These inner containers are to be packed in outside containers mm) in length. Handles are to remain firmly attached during meeting the requirements specified in C.5.3.1 of this annex. transportation, handling, and normal operation of the device, or are to consist of an integral section of the device extending at least 4 in. †C.3.2.6 Other Novelties. Devices intended to produce unique visual (101 mm) below the pyrotechnic chamber, except that sparklers 10 or audible effects and containing 0.8 grains (50 mg) or less of in. (253 mm) or less in length shall have handles at least 3 in. (76 explosive composition and limited amounts of other pyrotechnic mm) in length. composition. Examples include cigarette loads, trick matches, explosive auto alarms, and other trick noise makers. 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 †C.3.3 Other Devices. Any device producing unique pyrotechnic or device and are to have a blunt tip not less than 1/8 in. (3.2 mm) in explosive effects or combinations of effects not enumerated in Section diameter or 1/8 in. (3.2 mm) square. C.3 of this annex. †C.3.5.2.5 Pyrotechnic Chamber. The pyrotechnic chamber in a †C.3.4 Combination Items. Fireworks devices intended to produce fireworks device that functions other than by exploding needs to be of more than one of the effects described in Section C.3 of this annex, sufficient thickness and rigidity to allow normal functioning of the and that contain not more than 7.1 oz (200 g) of total chemical device without burnout or blowout. The chamber also needs to be composition. constructed and sealed to prevent leakage of the pyrotechnic composition during transportation, handling, and normal operation. C.3.5 Specific Requirements. C.3.5.2.6 Wings. Wings on helicopter-type rockets and similar devices C.3.5.1 Fuse. need to be securely attached to the body by means of gluing, wiring, or other appropriate means so that they will remain firmly attached C.3.5.1.1 Only safety fuse or other fuse that has been protected to during transportation, handling, and normal operation. resist side ignition can be used in devices subject to the requirements of this annex. 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 NOTE: See APA 87-1, Annex B, for method of measuring wheel devices intended to operate in a fixed location), remain resistance to side ignition. Devices, such as ground spinners, that securely attached to the device during transportation, handling, and require a restricted orifice for proper functioning and that normal operation. contain less than 0.2 oz (6 g) of pyrotechnic composition are not subject to the requirements of C.3.5.1.1. C.3.5.2.8 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 APA 87-1, Annex D) to the U.S. DOT. U.S. DOT can issue an approval so that it will neither burst nor produce excessive flame (excluding for the device as 1.4G based on the information contained in the form fuse and small but brief bursts of flame accompanying normal smoke or, at its option, can require pyrotechnic laboratory examination by production). Smoke devices cannot contain plastic in direct contact the Bureau of Explosives, Bureau of Mines, or other pyrotechnic with the pyrotechnic composition, nor can smoke devices resemble, in laboratory acceptable to U.S. DOT. color and configuration, banned fireworks devices, such as M80 salutes, cherry bombs, or silver salutes. †C.3.7.2 Consumer fireworks devices and theatrical pyrotechnics containing any chemical not specified in Table C.4.3.1, but none of C.3.6 Prohibited Chemicals and Components. 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 †C.3.6.1 Prohibited Chemicals. Consumer fireworks devices offered or the Bureau of Explosives, Bureau of Mines, or other pyrotechnic intended for sale to the public cannot contain a chemical enumerated laboratory acceptable to U.S. DOT (such as a recognized competent in Table C.3.6.1, except for trace amounts as impurities, and except as authority for fireworks manufactured abroad) for examination and specified therein. thermal stability testing. The manufacturer needs to then submit a fireworks Approval Application (see APA 87-1, Annex D) together NOTE: Display fireworks and theatrical pyrotechnics (see with the appropriate pyrotechnic laboratory reports to U.S. DOT. U.S. C.2.6.3) are not subject to the provisions of this annex. 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 †C.3.6.2 Prohibited Components. No component of any consumer chemicals specified in Table C.4.3.1. For each item for which approval fireworks device or novelty can, upon functioning, project or disperse is sought, manufacturers need to submit a copy of the Approval any metal, glass, or brittle plastic fragments. 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 †C.3.6.3 Forbidden Explosive Devices. Any explosive device intended contained in the form or, at its option, can require pyrotechnic for sale to the public that produces an audible effect (other than a laboratory examination by the Bureau of Explosives, Bureau of Mines, whistle) by a charge of more than 2 grains (130 mg) of explosive or other pyrotechnic laboratory acceptable to U.S. DOT. composition per report. Devices obtained for bona fide pest control purposes in accordance with regulations promulgated by CPSC in †C.3.7.4 If classification other than as 1.4G is sought, the U.S. DOT Title 16, CFR, are not forbidden. approval procedure in Title 49, CFR, 173.56(b)(1) needs to be For transportation purposes, the term forbidden explosive devices followed. This includes obtaining a pyrotechnic laboratory report also includes mixtures or devices containing a chlorate and an from the Bureau of Explosives or other pyrotechnic laboratory ammonium salt or an acidic metal salt, devices that contain yellow or acceptable to U.S. DOT. 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. †C.3.8 Marking and Labeling. Fireworks intended for consumer sale DOT. and use need to be labeled in conformance with the requirements of the Federal Hazardous Substances Act and regulations promulgated †C.3.7 Approval. All consumer fireworks (Fireworks UN0336), thereunder in Title 16, CFR, Part 1500. All outside packaging novelties, and theatrical pyrotechnics offered for transportation in the containing fireworks must be marked and labeled in conformance United States need to be classified and approved for transportation with Title 49, CFR, Part 172. See APA 87-1, Annex C, and Section C.5 purposes by the DOT, in accordance with the following procedure. of this annex for details and examples.

†C.3.7.1 Fireworks and novelties containing only mixtures of C.4 Requirements for Display Fireworks Devices. 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, NOTE: Devices in this category, formerly classed as Class B manufacturers need to submit a copy of the Approval Application (see 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 classified and approved by U.S. DOT in accordance with the following devices are subject to the requirements of Section C.4 of this annex. procedures.

C.4.1.1 Aerial Shell. A cylindrical or spherical cartridge containing †C.4.3.1 Devices Containing Only Mixtures of Chemicals Specified in chemical composition exceeding 1.4 oz (40 g) in weight or explosive Table C.4.3.1. The manufacturer needs to submit a copy of the composition exceeding 2 grains (130 mg) per report, and a black Approval Application (see APA 87-1, Annex D) to U.S. DOT for any powder propelling charge (lift charge). Shells are most commonly 3 item that has not previously been approved by U.S. DOT. U.S. DOT in. to 6 in. (76 mm to 152 mm) in diameter and are fired from metal can issue an approval for the device based on the information or heavy cardboard tubes. Upon firing, the lift charge is consumed contained in the form or, at its option, can require pyrotechnic and the cartridge is expelled into the air. A pyrotechnic effect is laboratory examination by the Bureau of Explosives, Bureau of Mines, produced near the apogee of flight. or other pyrotechnic laboratory acceptable to U.S. DOT.

†C.4.1.2 Salute. Paper-wrapped or cardboard tube containing Table C.4.3.1 Standard Fireworks Chemicals explosive composition in excess of 2 grains (130 mg). Upon ignition, Chemical Typical Use noise and a flash of light are produced. Aluminum Fuel Ammonium perchlorate Oxygen donor C.4.1.3 Other Fireworks Devices. Antimony Fuel Antimony sulfide Fuel †C.4.1.3.1 Where the quantity of explosive or pyrotechnic Barium carbonate Neutralizer composition, or both, exceeds the limit for inclusion in the “Fireworks Barium nitrate Oxygen donor UN0336” category, devices enumerated in C.3.1 are classed as 1.3G Barium sulfate Oxygen donor and described as “Fireworks UN0335” (formerly described as Special Boric acid Neutralizer Fireworks, and classed as “Class B Explosives”). This includes multiple Calcium carbonate Neutralizer tube devices containing more than 7.1 oz (200 g) of total chemical Calcium sulfate Oxygen donor composition. Carbon or charcoal Fuel Copper metal Color agent †C.4.1.3.2 Certain devices intended for signaling, illuminating, and Copper oxide Oxygen donor, color agent incendiary purposes such as railway torpedoes, airplane flares, Copper salts (except copper Color agent illuminating projectiles, incendiary and smoke projectiles, and flash chlorate) cartridges, formerly described as Special Fireworks, no longer fall into Dextrine Fuel/binder the “Fireworks” category under the U.S. DOT regulations effective on Hexamethylenenetetramine Fuel October 1, 1991, and are not part of this annex. (hexamine) Iron and iron alloys (e.g., Fuel C.4.2 Construction of Aerial Shells. ferro/titanium) Iron oxide Oxygen donor C.4.2.1 Each shell is to be identified only in terms of the inside Magnalium Fuel diameter (and not the circumference) of the mortar in which it can (magnesium/aluminum) be safely used. [e.g., 3-in. (76-mm) shells are only for use in 3-in. (76- Magnesium (in display fireworks and Fuel mm) mortars]. theatrical pyrotechnics only) Magnesium carbonate Neutralizer C.4.2.2 Each shell needs to be constructed so that the difference Magnesium sulfate Oxygen donor between the inside diameter of the mortar in which it can be safely Nitrocellulose-based lacquers Binder used and the outside diameter of the shell is no less than 1/8 in. (3.2 Phosphorus, red (only as provided Fuel mm) and no more than 1/4 in. (6.4 mm) for shells not exceeding 3 in Table C.3.6.1) in. (76 mm) or 1/2 in. (12.7 mm) for shells larger than 3 in. (76 Potassium or sodium benzoate Whistle mm). Potassium bichromate Oxygen donor (Potassium dichromate)(not to C.4.2.3 Each shell needs to be marked with the type of shell, the exceed 5% of formulation) diameter measurement, and the name of the manufacturer or (only as provided Oxygen donor distributor. in Table C.3.6.1) Potassium hydrogen phthalate Whistle C.4.2.4 The length of the internal delay fuse and the amount of lift Oxygen donor charge needs to be sized to ensure proper functioning of the shell in Oxygen donor its mortar. Quick match fuse, if required, needs to be long enough to Potassium sulfate Oxygen donor allow not less than 6 in. (152 mm) of fuse to protrude from the Sodium bicarbonate (sodium Neutralizer mortar after the shell is properly inserted. hydrogen carbonate) Sodium nitrate Oxygen donor C.4.2.5 The length of exposed black match on a shell cannot be less Sodium salicylate Whistle than 3 in. (76 mm) and the fuse is not to be folded or doubled back Sodium salts (except Color agent under the safety cap. Also, the time delay between ignition of the tip sodium chlorate) of the exposed black match and ignition of the lift charge cannot be Sodium sulphate Oxygen donor less than 3 seconds to allow the operator to retreat safely. Strontium carbonate Color agent Strontium nitrate Oxygen donor C.4.2.6 A safety cap needs to be installed over the exposed end of the Strontium salts (except strontium Color agent fuse. The safety cap needs to be of a different color than that used for chlorate) the paper of the fuse. Strontium sulfate Oxygen donor Sulfur Fuel †C.4.3 Approval. Prior to being offered for transportation in the Titanium (particle size >100 mesh if Fuel United States, all display fireworks (“Fireworks 1.3G”) need to be 1.4G or 1.4S Fireworks)

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†C.4.3.2 Devices Containing any Chemical not Specified in Table inner containers meeting the requirements specified in C.3.2.5 of this C.4.3.1. For each item for which approval is sought, the manufacturer annex. Toy caps must not be packed with other fireworks. 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 †C.5.4 Placards. Unless otherwise provided, each motor vehicle, other pyrotechnic laboratory acceptable to U.S. DOT for freight container, and rail car is to bear appropriate placards on each examination. The manufacturer then submits an Approval end and each side [Title 49, CFR, Part 172.504 (a)]. Vehicles Application (see APA 87-1, Annex D), together with the appropriate containing packages of consumer fireworks or novelties that are pyrotechnic laboratory reports to U.S. DOT. U.S. DOT can then issue labeled 1.4G require a “1.4G” or “Explosive 1.4G” placard (use of the approval based on the information contained in the application and word “explosive” is optional) (Title 49, CFR, Part 172.523). Highway accompanying pyrotechnic laboratory report(s). and rail shipments of less than 1000 lb (454 kg) gross weight of such Miscellaneous Compounds: fireworks need not bear a placard [Title 49, CFR, Part 172.504(c)]. Organic compounds [compounds such as lactose, shellac, red gum, Vehicles containing display fireworks in any quantity require a “1.3G” chlorinated paraffin, and polyvinyl chloride, consisting of some or “Explosive 1.3G” placard (the word “explosive” is optional) (Title combination of carbon with hydrogen, oxygen, or chlorine, or all 49, CFR, Part 173.522). If both 1.4G and 1.3G are present in a three; nitrogen can be present if it accounts for less than 10 percent shipment, only the “1.3G” placard is required. Until October 1, 1994, (by weight) of the compound]. transport vehicles and freight containers were placarded with the old placards (i.e., “Class B Explosive” or “Dangerous” placard), and these NOTE: Exact chemical identity of each organic compound is to placards can be used for domestic highway transportation only until be included when submitting an Approval Application (see APA October 1, 2001. 87-1, Annex D) to U.S. DOT. †C.5.5 Package Marking and Labeling. Each person who offers C.5 Shipping Requirements. fireworks for transportation needs to ensure that the package displays the appropriate square-on-point label [Title 49, CFR, Parts 172.400(a) †C.5.1 Transportation Regulating Authorities. Transportation of and 172.411]. Consumer fireworks, toy smoke devices, and trick noise fireworks is regulated by the United States Department of makers are either classed as 1.4G, 1.4S, or not regulated for Transportation (U.S. DOT). Some states and municipalities also transportation purposes, and display fireworks are classed as 1.3G regulate transportation of fireworks through their jurisdiction, often (Title 49, CFR, Part 172.101). The label needs to be printed or affixed by incorporation of federal regulations. to the surface of the package near the proper shipping name and identification number, which are also required to appear on the †C.5.2 Approval. Except for samples prepared in accordance with U.S. package [Title 49, CFR, Part 172.301(a)]. DOT regulations, no fireworks device or novelty can be offered for transportation or be transported until it is classed and approved by †C.5.6 Shipping Papers. Each person who offers a fireworks device or U.S. DOT, and an approval number (EX number) is issued (Title 49, novelty for transportation needs to describe the item on a shipping CFR, Part 173.86). (See Sections C.3 and C.4 of this annex and APA paper. The description needs to include the proper shipping name 87-1, Annex D.) (Title 49, CFR, Part 172.101 Table, Col. 2), the hazard class of the material, the identification number (Col. 4), the packing group (Col. †C.5.2.1 EX numbers for fireworks contained in a shipping carton 5), and the total quantity covered by the description [Title 49, CFR, need to be marked on the shipping carton or on the shipping paper. Part 172.202(a)]. Consumer fireworks (common fireworks) would be described as follows: “Fireworks, 1.4G, UN 0336, PG II.” Display †C.5.2.2 Cartons containing more than 5 different fireworks devices fireworks (special fireworks) would be described as “Fireworks, 1.3G, need to be marked with at least 5 of the EX numbers covering items UN 0335, PG II.” In addition, the shipper needs to certify that the in the carton, or the EX numbers need to appear on the shipping shipment is properly classified, marked, and labeled [Title 49, CFR, paper [Title 49, CFR, Parts 172.320(c) and (d)]. Part 172.204(a)].

C.5.3 Packaging. With certain exceptions, “Fireworks UN0335” NOTE: EX numbers also are to appear on shipping papers (formerly Special Fireworks), “Fireworks UN0336” (formerly unless they are marked on each shipping carton. Common Fireworks) and Novelties, are to be securely packaged in containers complying with U.S. DOT regulations. Gross weight C.6 References. limitation per package is now dictated by the weight marked on the certified packaging. Until October 1, 1996, these materials were †C.6.1 Title 49, CFR, Parts 171 to 180, U.S. Department of packaged in accordance with the regulations in effect on September Transportation, can be obtained from the Superintendent of 31, 1991 (i.e., U.S. DOT 12B boxes). These materials can be offered Documents, U.S. Government Printing Office, Washington, DC in accordance with the new package requirements promulgated 20402, or as republished by the Bureau of Explosives as “Hazardous under Docket No. HM-181 as of January 1, 1991. However, except as Materials Regulations of the Department of Transportation,” available noted below, compliance with these new package standards is from the Association of American Railroads, 50 F Street, NW, mandatory as of October 1, 1996. Fireworks packaged prior to Washington, DC 20001. October 1, 1991, in packagings that comply with previous U.S. DOT regulations (such as 12B boxes), can be used until October 1, 2001, C.6.2 Title 16, CFR, Parts 1000 to End, Consumer Product Safety but only for shipments in domestic commerce and only if the package Commission, can be obtained from the Superintendent of has not been emptied or refilled on or after October 1, 1991 [Title 49, Documents, U.S. Government Printing Office, Washington, DC CFR, Part 171.14(c)]. Articles with match or friction tip ignition are to 20402. Extracts of these regulations pertaining to fireworks can be be packed so that each individual tip is protected against accidental obtained only from the American Pyrotechnics Association. contact or friction (Title 49, CFR, Part 173.108). Loose chemical composition cannot be present in packages in transportation [Title Annex D Glossary 49, CFR, Part 172.102(c)(108)]. This annex is not a part of the requirements of this NFPA document but is †C.5.3.1 Toy Cap Packaging. Until October 1, 1996, toy caps were included for informational purposes only. 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 D.1 General. The following terms are not necessarily inclusive of all weight not to exceed 65 lb (30 kg)]. Toy caps are to be packaged in the terms used in the pyrotechnic special effects industry.

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D.1.1 Alternating Current (AC). An electrical current that reverses D.1.17 Direct Current (DC). An electrical current that flows in one direction in a circuit at regular intervals and most frequently supplied direction and most frequently supplied by a battery. from wall outlets or sockets. D.1.18 Explosion. The rapid production of hot gases at a high D.1.2 Black Match. A fuse made from thread impregnated with black pressure as the result of a chemical reaction and the sudden release of powder and used for igniting pyrotechnic devices. the energy to cause strong dynamic stresses in the surroundings. The term usually refers to the effects of a detonation of initiating D.1.3 Blank Cartridge. A cartridge constructed from a cartridge case explosives and high explosives but also applies to the effect of a equipped with a percussion primer and filled with various loads of deflagrating propellant explosive in certain circumstances such as smokeless powder or other propellant. Weapons using blank heavy confinement. The term also describes a mechanical cartridges often are used in conjunction with bullet hits. phenomenon in which failure of the container results in a sudden release of pressure from within a vessel. 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.1.19 Explosive Special Effect. See Pyrotechnic Special Effect.

D.1.5 Bullet Effect. An effect intended to simulate a slug from a D.1.20 First Fire. The ignited mixture used with pyrotechnic devices weapon as it strikes a person or object. and loaded in direct contact with the main pyrotechnic charge. A pyrotechnic first-fire mixture is compounded to produce a high D.1.6 Bullet Hit. A small explosive charge attached to a person’s temperature and hot slag. The mixture is readily ignitible and capable clothing or body, or to an inanimate object, to simulate a slug from a of igniting the underlying pyrotechnic charge. weapon as it strikes a person or object. D.1.21 Flare. A pyrotechnic device designed to produce a single D.1.7 Colored Smoke. An aerosol of special dyestuffs of chemical source of intense light for a defined period of time. reactants dispersed by pyrotechnic heat or explosion. D.1.22 Flash Pot. A device used with flashpowder that produces a flash D.1.8 Color Pot. A tube containing pyrotechnic materials that of light and is capable of directing the flash in an upward direction. produces a colored flame when ignited. D.1.23 Flashpowder. A specific pyrotechnic material in powder form D.1.9 Concussion Flashpowder. Flashpowder intended to be used in a composed of fuel(s) and oxidizer(s). Ignition produces a flash of concussion mortar to produce a loud, concussive effect. light, sparkles, an audible report, or a combination of these effects.

D.1.10 Concussion Item. A pyrotechnic item that produces a loud D.1.24 Gerb. A cylindrical preload intended to produce a controlled noise and a violent jarring shock for dramatic effect. spray of sparks with a reproducible and predictable duration, height, and diameter. D.1.11 Concussion Mortar. A device specifically designed and constructed to produce a loud noise and a violent jarring shock for D.1.25 Igniter. An electrical, chemical, or mechanical device normally dramatic effect without producing any damage. used to fire pyrotechnics.

D.1.12 Day Box. A portable magazine used for the immediate storage D.1.26 Ingredient. A chemical used to create a pyrotechnic material of pyrotechnics. that is not, itself, a pyrotechnic material.

D.1.13 Deflagration. A rapid chemical reaction in which the output of D.1.27 Lift Charge. The composition in a pyrotechnic device that heat is sufficient to enable the reaction to continue and accelerate propels (lifts) the effect into the air when ignited. It usually consists of without input of heat from another source. Deflagration is primarily a a black powder charge. surface phenomenon, with most reaction products flowing away from the unreacted material along the surface at less than supersonic D.1.28 Lycopodium. The spores produced by the genus of mosses velocity. The effect of a deflagration under confinement is an called lycopodium. This powdery, organic, yellow material can be explosion. Confinement of the reaction increases pressure, rate of agitated and dispersed mechanically into a cloud and then ignited by reaction, and temperature and, in some cases, can cause transition a spark, pilot flame, or electrical heating device. Although not a into a detonation. pyrotechnic material, this material is used by special effects operators to produce fire effects or in conjunction with other pyrotechnics to D.1.14 Det Cord. A flexible, plastic-covered detonating cord create a special effect. resembling a clothesline that contains a highly explosive material. D.1.29 Mine. A pyrotechnic device, usually a preload, that projects D.1.15 Detonation. An extremely rapid chemical reaction in which multiple pellets of pyrotechnic material that produce sparks or flame. the pressure generated is sufficient to cause the formation of a shock It is usually supplied with an integral mortar. wave, which causes the reaction to continue. Detonation is a phenomenon with reaction products flowing in the direction of D.1.30 Nonelectric Detonator. A detonator that does not need electric unreacted materials at supersonic velocity. The effect of a detonation energy to function. with or without confinement is an explosion. D.1.31 Photoflash Flashpowder. A loose pyrotechnic mixture that D.1.16 Detonator. A device containing an initiating or primary yields a very large amount of light for a small fraction of a second on explosive that is used for initiating detonation including, but not exploding. limited to; electric blasting caps (instantaneous and delay types); blasting caps for use with safety fuses; detonating cord delay D.1.32 Pyrotechnic Preload. A pyrotechnic device supplied by the connectors; nonelectric caps that use a detonating cord, shock tube, manufacturer in a ready-to-use condition. or other replacement for electric legwires; also an explosive or device initiated by a primer and used to initiate another explosive that is less D.1.33 Pyrotechnic Special Effect. A special effect created through the sensitive and larger. use of pyrotechnic materials and devices. (See also Special Effect.)

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Annex E Informational References D.1.34 Quick Match. Black match that is encased in a loose-fitting paper sheath. Although exposed black match burns slowly, quick E.1 Referenced Publications. The following documents or portions match burns extremely rapidly and almost instantaneously. Quick thereof are referenced within this code for informational purposes match is used in fuses for aerial shells and for simultaneous ignition of only and are thus not part of the requirements of this document a number of pyrotechnic devices, such as lances in a ground display unless also listed in Chapter 2. piece. E.1.1 NFPA Publications. National Fire Protection Association, 1 D.1.35 Safety Fuse. A flexible cord containing an internal burning Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101. 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. NFPA 13, Standard for the Installation of Sprinkler Systems, 1999 edition. D.1.36 Saxon. A pyrotechnic device consisting of a tube that rotates NFPA 99, Standard for Health Care Facilities, 1999 edition. around a pivot point to produce a circular shower of sparks. NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 1995 edition. D.1.37 Smoke Pot. A pyrotechnic device used to create smoke during NFPA 230, Standard for the Fire Protection of Storage, 1999 edition. a production. NFPA 1122, Code for Model Rocketry, 1997 edition. Fire Protection Guide to Hazardous Materials, 1997 edition. D.1.38 Smokeless Powder. A pyrotechnic material containing nitrocellulose and often nitroglycerin used in small arms ammunition, E.1.2 Other Publications. cannons, rockets, and propellant-actuated power devices. E.1.2.1 American Pyrotechnics Association Publication. American D.1.39 Soft Detonator. A detonator with a higher velocity than a bullet Pyrotechnics Association, P.O. Box 213, Chestertown, MD 21620. hit, but with no metallic elements or jacket. It is essentially a blasting cap without a metal jacket. American Pyrotechnics Association Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, 1993. D.1.40 Sparkle Flashpowder. A flashpowder that produces a bright flash of light and a shower of sparks when ignited. E.1.2.2 Association of American Railroads Publication. Association of American Railroads, Library Room 5800, 50 F Street, NW, D.1.41 Sparkle Pot. A pyrotechnic device intended to contain and Washington, DC 20001. control the discharge of sparkle flashpowder. “Hazardous Materials Regulations of the Department of D.1.42 Special Effect. A visual or audible effect used for entertainment Transportation.” purposes, often produced to create an illusion. For example, smoke might be produced to create the impression of fog being present, or a E.1.2.3 U.S. Government Publications. U.S. Government Printing puff of smoke, a flash of light, and a loud sound might be produced Office, Washington, DC 20402. to create the impression that a cannon has been fired. Title 16, Code of Federal Regulations, Parts 1000 to End. D.1.43 Theatrical Flashpowder. A pyrotechnic material intended for Title 29, Code of Federal Regulations, Part 1910. use in theatrical shows that produces a flash of light when ignited. Title 49, Code of Federal Regulations, Parts 170 to End. Typical theatrical flashpowders burn more slowly than salute powder United Nations Recommendations on the Transport of Dangerous and also might produce a shower of sparks. Theatrical flashpowder is Goods. not intended to produce a loud report. E.2 Informational References. For information on fireworks D.1.44 Waterfall, Falls, Park Curtain. An effect of a cascade of sparks classification testing, contact the following agencies: that usually are produced by multiple devices fired simultaneously. E.2.1 U.S. Bureau of Mines, Columbia Plaza, 2401 E Street, NW, D.1.45 Wheel. A pyrotechnic device that rotates on a central axis Washington, DC 20241. consisting of multiple gerbs or rockets attached to a framework. E.2.2 Bureau of Explosives, c/o Association of American Railroads, 50 F Street, NW, Washington, DC 20001.

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