CHAPTER 56 EXPLOSIVES AND FIREWORKS …

1 CHAPTER 56 EXPLOSIVES AND FIREWORKS SECTION 5609 is amended, to read as follows, with the entire se ction being an addition to the Fire Code: SECTION 5609. FIREWORKS RETAIL STORAGE, DISPLAY, AND SALE In addition to other provisions of the Harris County Fire Code, these sections apply: APPLICABLE SECTIONS STANDS only X X X ALL EXCEPT STANDS, including BULK or HIGH PILE X X X SECTION GENERAL. The sale, st or age, and display of FIREWORKS is subject to the author ity of the Harris County Fire Marshal, including the author ity to inspect, determine the pr esence of fire hazards, and order correction pursuant to TEXAS LOCAL GOVERNMENT CODE, CHAPTER Section Applicability. This Section 5609 provides st andards for the design and construction of buildings in which Firewor ks are to be stor ed, sold, and/or displayed. Such design and construction shall comply with this sect ion and the Texas FIREWORKS Rules, current edition, as promulgat ed by the Texas St ate County Fire Marshal.

2 A. Compliance with Fire Code. All structures us ed for the st orage or sale of consumer firewor ks shall comply with the applicable provisions of the Harris County Fire Code for new st ructures, and with applicable se ctions of this sub-se ction. b. Fire Code Permit and Cert ificat e of Compliance. Any st ructure that is erected, occupied, or moved into or within the jurisdiction, is considered new construction, and requires a Fire Code permit and a Certificate of Compliance. c. Definitions. Temporary St ructure. Any structure that is erected, occupied, or moved into or within the jurisdiction, for a period of less than 180 days. Permanent St ructure. Any structure that is erected, or moved into or within the jurisdiction, for a period of mor e than 180 days. FIREWORKS Contro l Area. Spaces within a building where quantities of FIREWORKS , not exceeding the maximum allowable quantities, are stor ed, dispensed, used or handled.

3 Section Conflict between provisions. If there is a conflic t between the provisi ons of this se ction and the FIREWORKS Rules, the mor e stringent of the provisi ons shall apply. Section Limit of authori ty. This se ction does not limit the author ity of the County Fire Marshal to inspect any retail site location or st or age facilit y to require additional fire protection measures. Section Existing Facilities and Conditi ons. Except as specifically allowed in this se ction, exist ing facilities and conditions which do not comply with the provisi ons of this CHAPTER shall come into compliance within the following time: a. Retail FIREWORKS stands October 1, 2008 b. Retail sales sites other than stands Febr uary 1, 2009 SECTION REQUIREMENTS FOR ALL RETAIL SALES, DISPLAY AND STORAGE SITES AND FACILITIES. All FIREWORKS retail sales si tes, st or age buildings , and control areas, including temporary st or age facilities such as trailers, se mi-trailers, or metal shipping containers must conform to the minimum standards of this se ction.

4 Genera l requirements. Change of Occupancy. Storing Firewor ks in a building for which a Permit and Certificate of Compliance has not been issued under this Code specifically in a manner not described in the application for Permit for such building shall be considered a change of occupancy. Physical address and emerg ency contact informat ion. All retail sales sites and st or age facilities must have the phys ical address and a 24-hour emergency contact number pr ominently posted on the outsi de of each site, close to the main entrance, in numbers at least 4 inches in height and inch stroke in width on a contrasting background, and visi ble from the st reet or road fronting the property. Residential Storage. Firewor ks retail st or age buildings shall not be use d for residential occupancies. Use of a residential building for the st or age of firewor ks in excess of 125 pounds of pyrotechnic material shall be considered a change in occupancy.

5 Maximum allowable quantity. No mor e than 125 pounds of pyrotechnic material may be stored and/or displayed in any control area. In the abse nce of documentation approved by the County Fire Marshal, 25% of the gross weight of the FIREWORKS , including all packaging, will be used to determine the 125 pound limitation. The maximum allowable quantit ies can be increased 100 percent if the building is equipped throughout with an automatic sprinkler system in accordance with Section The maximum allowable quantit ies may be greater than allowed by this se ction, subject to approval by the County Fire Marshal, if the building meets all requirements for a Group H-3 occupancy and Section The aggregate quantity in use and st or age shall not exceed the quantity listed for st or age in the Application for Permit. Minimum separat ion distances. Except as specified elsewhere in this se ction, structures shall be located in accordance with the requirements of Table Exception: Trailers, se mi-trailers, and metal containers use d for stor age only must be se parated by at least 50 ft.

6 From any building or structure other than other trailers, se mi-trailers, or metal shipping containers. There is no minimum distance between multiple trailers, se mi-trailers, or metal shipping containers when used for st or age only. Exception: Permanent facilities permitted befor e January 1, 2005 may be se parated from adjacent buildings by less than 20 ft. if they are separated by a wall with a 1-hour fire resist ance rating, provided exist ing facilities are not enlarged or expanded. Table Minimum Separation Distances of FIREWORKS Retai l Sales Buildings, including Trailers, Semi-trailers, and Metal Shipping Containers Type of structure Minimum distance From other trailers, semi-trailers, and metal shipping containers used ONLY 0 ft. From other 5 ft. From vehicle 10 From other buildings 1 20 ft. From combustibles 30 From cooking equipment of any type, or any open flame equipment Aboveground storage tanks for flammable or combustible liquid, 50 ft.

7 Motor vehicle fuel-dispensing station dispensers Retail propane-dispensing station dispensers 100 ft. Aboveground bulk storage or bulk dispensing area for flammable or combus tible liquid, OR 300 ft. 1 If maximum quantity of pyrotechnic material per control area is greater than 125-lbs, refer to Table Building Services. All building se rvices in Firewor ks retail sales and st orage buildings must comply with the provisi ons of this se ction. Electrical work. Electrical wor k performed in an unincorporated area of the st ate must be installed in accordance with the requirements of the Texas Electrical Code. Required listing. All electrical equipment, battery-powered equipment, and electrical cords shall be listed and shall be used in accordance with their lis ting. Temporary Power. The County Fire Code Official is author ized to give permission to temporarily supply and use power for up to 180 days.

8 Temporary elect rical conductors. All temporary conductor s shall comply with the Texas Electrical Code. Light fixture guard s. All incandescent light fixtures within 25 ft. of any consumer FIREWORKS shall have metal or plastic guards. All fluor escent light fixtur es within 25 ft. of any consumer FIREWORKS shall have plastic tube guards with caps or metal guards or plastic lens covers. Portable generators. Por table generator s supplying power to consumer FIREWORKS retail sales facilities shall comply with this se ction. Por table generator s shall be located not less than 20 ft. from the consumer FIREWORKS retail sales facility and in an area free from grass, trash, and other combus tible flammable materials. Generator fuel shall be st or ed in an approved sa fety container at least 20 ft. from the consumer firewor ks retail sales facility.

9 If the fuel is located less than 50 feet from the sales facility, the quantity shall be limited to not mor e than 5 gal. Where the generator fuel stor age is located at least 50 ft. from the consu mer firewor ks retail sales facility, the quantity of such fuel is not limited. Intern al Combustion Engines. Internal combustion engines shall not be operated inside a retail sales si te. Fuels for internal combustion engines will not be st or ed inside a retail sa les site. Means of Egress. Means of egress including, but not limited to aisles, doors, and exit disc harge, shall be clear at all times when the facility or the building is occupied. Semi-Trailers and Shipping Containers. Trailers, Semi-trailers, and Metal Shipping Conta iners that are not normally occupied shall be permitted to be locked during operation. Panic hardware on exit doors shall not be required.

10 Where an aisle is provided, the aisle shall be not less than 28 inches in clear width. Fire Pr otection. All FIREWORKS retail sales and st or age facilities must comply with this se ction. Approved storage. Finished consumer FIREWORKS at a manufacturing or distribution facility, or retail sales si te, may be stor ed in approved buildings, trailers, se mi-trailers, metal shipping containers, or magazines. Fire lane access. Any portion of an exterior wall of a building, or other defined perimeter of a consumer FIREWORKS retail sa les facility, shall be accessible within 150 ft. of a public way or an approved fire apparatus access. FIREWORKS accessibility. All sales and display areas shall be designed to prohibit ready access by the public. External Fire Protect ion. Each retail sites shall be designed to provide protection against small exterior fires. An area of at least 30 feet in width on all si des of a retail FIREWORKS site shall be kept free of high grass, empty cardboard boxes, and trash.