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RULE §34.818 Specific Requirements for Retail Fireworks Stands

Published: 2015

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A retail fireworks stand shall comply with the following requirements:   (1) The fireworks stand in which Fireworks 1.4G are held for retail sale shall be constructed of wood, metal, masonry, or concrete, or combinations thereof.   (2) Each stand of less than 16 feet in length shall have at least one walk door, which opens outward. Stands measuring 16 feet or longer must have at least two walk doors, one in each end, which open outward.   (3) A minimum of combustible material such as posters, signs, and decorations may be used on interior walls.   (4) A minimum distance of six feet shall be maintained from the front of the customer counter to the back side of the stand.   (5) Electrical service to the stand shall be installed at least eight feet above ground or buried underground according to standards acceptable to the authority having jurisdiction.   (6) Each stand utilizing electricity shall have a point of power interruption, either inside or outside the stand, (switch or switches) located near an exit door which interrupts all electric supply to devices and equipment located inside and on the stand.   (7) All electrical wiring, equipment, and devices both inside and outside the stand, shall be UL approved, be securely mounted to the structure, and be installed and maintained to prevent electrical hazards. Splices in electrical wiring servicing equipment and devices inside the stand shall be enclosed in junction boxes. Light fixtures and wiring used for illumination inside and outside of the stand shall be installed and maintained to prevent accidental contact by the general public and employees.   (8) Drop cords with lights, extension cords, or bare wiring shall not be used in any manner inside a retail stand.   (9) In stands where generator-created power is used, the generator shall be located in an area free from grass, trash, and other flammable materials and at least 10 feet from the stand. Reserve fuel for the generator must be stored in an approved safety container and a portable fire extinguisher rated to at least 6 BC shall be provided.   (10) Fireworks stands shall not be illuminated or heated by any device which requires open flame or exposed heating elements. Electric heaters shall be equipped with a switching device to stop the flow of current should the heater be tipped over.   (11) If the fireworks stand is used for the overnight storage of Fireworks 1.4G, it must be equipped with suitable locking devices to prevent unauthorized entry.

Source Note: The provisions of this §34.818 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 April 13, 1999, 24 TexReg 2949; amended to be effective December 8, 2002, 27 TexReg 11562