(a) A supervisor, 18 years of age or older, shall be
on duty during all phases of operation. It shall be the responsibility
of the permit holder as well as the supervisor to comply with or require
compliance with the fireworks rules.
(b) A building with more than 350 linear feet of fireworks
counter display or containing a total of 500 or more cases of Fireworks
1.4G for sales or storage by a retailer shall comply with §34.823
of this title (relating to Bulk Storage of Fireworks 1.4G), except
as provided by §34.832, of this subchapter (related to Specific
Requirements for Retail Fireworks Sites Other Than Stands).
(c) Heat-sealing of packages within retail fireworks
sites is prohibited.
(d) Each retail fireworks site determined to have fire
danger external of the sales area shall be provided with equipment
or facilities that are capable of extinguishing small exterior fires
that would threaten the retail stand. Retail sales in other than a
stand shall have a fire extinguisher rated not less than 2-A. An extinguisher
shall be located within 75 feet walking distance from any point in
the building, and each extinguisher shall cover a floor area not greater
than 1000 square feet per unit of "A" rating.
(e) An unobstructed pathway to walk doors shall be
maintained within the retail fireworks site during selling operation.
(f) The display, offer for sale, or sales of fireworks
from tents and motor vehicles is prohibited. Fireworks may not be
sold or stored for future sale at any inhabited dwelling, house, apartment,
or other structure used in whole or in part as a home or place of
abode by any person or persons.
(g) Smoking shall not be permitted in the retail fireworks
site. The presence of lighted cigars, cigarettes, or pipes within
10 feet of any site where fireworks are sold or stored is prohibited.
"Fireworks" and "No Smoking" signs in letters not less than four inches
high shall be conspicuously posted on the inside and outside of each
entrance door and at several locations inside the building.
(h) The consumption or possession of alcoholic beverages
in any retail fireworks site is prohibited. No retail sales personnel
inside the facility or any supervisor shall be under the influence
of or consume alcoholic beverages while on duty.
(i) A retail fireworks site may only sell fireworks,
fireworks promotional items and accessories and those items listed
in the Occupations Code §2154.002(4). The display and offer for
sale, or sales of fireworks within any structure or building where
any other business or any other merchandise is sold is prohibited.
(j) A retail permit shall be required for each retail
fireworks site offering fireworks for sale during selling season and
shall be posted in the sales area.
(k) The display or offer for sale or sales of fireworks
from single or multifamily residential structures is prohibited.
(l) All retail fireworks sites must furnish parking
off the highway.
(m) An area of at least 10 feet in width on all sides
of a retail fireworks site shall be kept free of high grass, empty
cardboard boxes and trash.
(n) Fireworks shall not be displayed or stored behind
glass through which direct sunlight will shine on the fireworks.
(o) Fireworks offered for sale to the general public
in this state shall conform to the labeling requirements of the United
States Consumer Product Safety Commission and the United States Department
of Transportation. Only labeling specifications or requirements mandated
by either of these agencies shall be required for the labeling of
items offered for sale in Texas.
(p) Internal combustion engines shall not be operated
inside a retail fireworks sales site.
Source Note: The provisions of this §34.817 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571; amended to be effective December 8, 2002, 27 TexReg 11562; amended to be effective July 5, 2011, 36 TexReg 4111; amended to be effective February 14, 2013, 38 TexReg 662