CHAPTER 56 EXPLOSIVES AND FIREWORKS SECTION 5609 ...

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.

2 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. 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.

3 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.

4 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. 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.

5 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.

6 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.

7 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. 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.

8 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.

9 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. 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.

10 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.