International Fire Code

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International Fire Code

• 2006 Edition
• Focusing on consumer fireworks, 1.4G

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105.6 Required operational permits.

• 105.6.14 Explosives. An operational permit is
  required for the manufacture, storage, handling,
  sale or use of any quantity of explosives,
  explosive materials, fireworks or pyrotechnic
  special effects within the scope of Chapter 33.
• Exception Storage in Group R-3 occupancies of
  smokeless propellant, black powder and small arms
  primers for personal use, not for resale and in
  accordance with Section 3306.

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CHAPTER 33EXPLOSIVES AND FIREWORKS
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IFC Commentary

• This chapter requires the display of fireworks to
  comply with NFPA 1123. The standard includes
  criteria for the firing and on-site storage of
  fireworks, display site location, fallout area
  and operator qualifications.
• This chapter also references NFPA 1124 for the
  regulation of fireworks manufacture and storage
  of fireworks at manufacturing plants. Federal
  regulations also provide useful guidance.

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SECTION 3301 GENERAL

• 3301.1 Scope. The provisions of this chapter
  shall govern the possession, manufacture,
  storage, handling, sale and use of explosives,
  explosive materials, fireworks and small arms
  ammunition.
• Exceptions
• The Armed Forces of the United States, Coast
  Guard or National Guard.
• Explosives in forms prescribed by the official
  United States Pharmacopoeia.
• The possession, storage and use of small arms
  ammunition when packaged in accordance with DOTn
  packaging requirements.
• The possession, storage, and use of not more than
  1 pound (0.454 kg) of commercially manufactured
  sporting black powder, 20 pounds (9 kg) of
  smokeless powder and 10,000 small arms primers
  for hand loading of small arms ammunition for
  personal consumption.
• The use of explosive materials by federal, state
  and local regulatory, law enforcement and fire
  agencies acting in their official capacities.
• Special industrial explosive devices which in the
  aggregate contain less than 50 pounds (23 kg) of
  explosive materials.
• The possession, storage and use of blank
  industrial-power load cartridges when packaged in
  accordance with DOTn packaging regulations.
• Transportation in accordance with DOTn 49 CFR
  Parts 100-178.
• Items preempted by federal regulations.

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• 3301.1.3 Fireworks. The possession, manufacture,
  storage, sale, handling and use of fireworks are
  prohibited.
• Exceptions
• Storage and handling of fireworks as allowed in
  Section 3304.
• Manufacture, assembly and testing of fireworks as
  allowed in Section 3305.
• The use of fireworks for display as allowed in
  Section 3308.
• The possession, storage, sale, handling and use
  of specific types of Division 1.4G fireworks
  where allowed by applicable laws, ordinances and
  regulations, provided such fireworks comply with,
  CPSC16 CFR, Parts 1500 and 1507, and DOTn 49 CFR,
  Parts 100-178, for consumer fireworks.

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• The possession, manufacture, storage, sale and
  unauthorized use of fireworks are prohibited by
  this section. The prohibition of retail sales
  allows communities to have direct control over
  the hazards associated with small amounts of
  storage typical of retail sales.

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• Exception 1 allows storage and handling of
  fireworks within the limitations of Section 3304.
  
• Exception 2 allows the manufacture, assembly and
  testing of fireworks within the limitations of
  Section 3305.
• Exception 3 allows those displays to be
  specifically approved by the fire code official
  in accordance with Section 3308.

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• 3301.1.3 Fireworks. The possession, manufacture,
  storage, sale, handling and use of fireworks are
  prohibited.
• Exceptions
• Storage and handling of fireworks as allowed in
  Section 3304.
• Manufacture, assembly and testing of fireworks as
  allowed in Section 3305.
• The use of fireworks for display as allowed in
  Section 3308.
• The possession, storage, sale, handling and use
  of specific types of Division 1.4G fireworks
  where allowed by applicable laws, ordinances and
  regulations, provided such fireworks comply with,
  CPSC16 CFR, Parts 1500 and 1507, and DOTn 49 CFR,
  Parts 100-178, for consumer fireworks.

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• Exception 4 recognizes that, in some instances,
  the possession, storage, sale, handling and use
  of certain types of fireworks may be allowed by
  provisions of the preemptive laws of superior
  jurisdictions, most typically the state. Even if
  such laws preempt the local jurisdiction, the
  exception stipulates that the fireworks allowed
  by such laws must still meet the minimum
  requirements of the referenced standards.
• It should also be noted that where this exception
  is applicable, the provisions of Sections
  3301.2.2 and 3308.11, which regulate various
  aspects of retail display and sale of 1.4G
  fireworks, would be applicable.
• See also the commentary to Sections 3301.2.2 and
  3308.11 for further discussion of retail sales of
  fireworks.

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• 3301.2.2 Sale and retail display. No person shall
  construct a retail display nor offer for sale
  explosives, explosive materials, or fireworks
  upon highways, sidewalks, public property, or in
  Group A or E occupancies.
• When retail sales are allowed by Section
  3301.1.3, Exception 4, the intent of this section
  is to prohibit the retail display and sale of
  explosives, including fireworks 1.3G and 1.4G, in
  public rights-of-way, on public property and in
  assembly (Group A) and educational (Group E)
  buildings. This reduces the likelihood of theft
  and personal injury if a fire or explosion
  occurs. See also the commentary to Sections
  3301.1.3 and 3308.11 for further discussion of
  retail sales of fireworks.

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• 3301.2.3 Permit restrictions. The fire code
  official is authorized to limit the quantity of
  explosives, explosive materials, or fireworks
  permitted at a given location. No person,
  possessing a permit for storage of explosives at
  any place, shall keep or store an amount greater
  than authorized in such permit. Only the kind of
  explosive specified in such a permit shall be
  kept or stored.
• The fire code official may set limits on the
  quantity of explosive materials or blasting
  agents stored at any site as a means of
  maintaining control over the degree of hazard
  posed by explosive storage. Limits should be
  based on the severity of the exposure if an
  explosion or fire occurs in the magazine. This
  section is not intended to give the fire code
  official authority to prohibit the storage of
  explosives or blasting agents on any site.

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• 3301.2.4.2 Fireworks display. The permit holder
  shall furnish a bond or certificate of insurance
  in an amount deemed adequate by the fire code
  official for the payment of all potential damages
  to a person or persons or to property by reason
  of the permitted display, and arising from any
  acts of the permit holder, the agent, employees
  or subcontractors.

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• The bonding requirement is intended to indemnify
  the display operator and, if required by the fire
  code official, the jurisdiction in the event of
  an accident. Jurisdictions desiring coverage
  under the display operators policy should
  require that the jurisdiction be named on the
  policy as an additional insured or a named
  insured. (Before making this requirement, check
  with legal counsel to determine the fire code
  officials and the jurisdictions liability. Many
  tort claims acts exempt the government from
  certain claims, while others limit the amount of
  liability. The standard of care that must be
  exercised by the fire code official when
  reviewing conditions for a permit varies widely.)

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SECTION 3302 DEFINITIONS

• EXPLOSIVE. A chemical compound, mixture or
  device, the primary or common purpose of which is
  to function by explosion. The term includes, but
  is not limited to, dynamite, black powder, pellet
  powder, initiating explosives, detonators, safety
  fuses, squibs, detonating cord, igniter cord,
  igniters and display fireworks, 1.3G (Class B,
  Special). The term explosive includes any
  material determined to be within the scope of USC
  Title 18 Chapter 40 and also includes any
  material classified as an explosive other than
  consumer fireworks, 1.4G (Class C, Common) by the
  hazardous materials regulations of DOTn 49 CFR.

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• Explosives either detonate or deflagrate, rather
  than burn, when initiated by either heat, shock
  or electric current. Although these materials are
  normally designed and intended to be initiated by
  detonators under controlled conditions, heat,
  shock and electric current from uncontrolled
  sources may initiate these materials to produce
  an explosion.

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• FIREWORKS. Any composition or device for the
  purpose of producing a visible or an audible
  effect for entertainment purposes by combustion,
  deflagration or detonation that meets the
  definition of 1.4G fireworks or 1.3G fireworks as
  set forth herein.

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• This term refers to any device, other than a
  novelty or theatrical pyrotechnic article,
  intended to produce visible or audible effects by
  combustion, deflagration or detonation and any
  chemical compound or mechanically mixed
  preparation of an explosive or inflammable nature
  that is used for the purpose of making any
  manufactured fireworks and is not included in any
  other class of explosives.

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• Fireworks, 1.4G. (Formerly known as Class C,
  Common Fireworks.) Small fireworks devices
  containing restricted amounts of pyrotechnic
  composition designed primarily to produce visible
  or audible effects by combustion. Such 1.4G
  fireworks which comply with the construction,
  chemical composition and labeling regulations of
  the DOTn for Fireworks, UN 0336, and the U.S.
  Consumer Product Safety Commission as set forth
  in CPSC 16 CFR Parts 1500 and 1507, are not
  explosive materials for the purpose of this code.

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• The requirements for storage, display and
  labeling depend on the correct application of
  this definition. This definition reflects the
  construction, chemical composition and labeling
  requirements of the CPSC, found in Title 16, Code
  of Federal Regulations, Parts 1500 and 1507.
  Consumer 1.4G fireworks are not considered to be
  explosives subject to the provisions of Chapter
  33.

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• Fireworks, 1.3G. (Formerly Class B, Special
  Fireworks.) Large fireworks devices, which are
  explosive materials, intended for use in
  fireworks displays and designed to produce
  audible or visible effects by combustion,
  deflagration or detonation. Such 1.3G fireworks
  include, but are not limited to, firecrackers
  containing more than 130 milligrams (2 grains) of
  explosive composition, aerial shells containing
  more than 40 grams of pyrotechnic composition,
  and other display pieces which exceed the limits
  for classification as 1.4G fireworks. Such 1.3G
  fireworks, are also described as Fireworks,
  UN0335 by the DOTn.

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• This category of fireworks represents a
  considerable life safety hazard in comparison to
  the consumer 1.4G fireworks. This definition
  reflects the construction, chemical composition
  and labeling requirements of the CPSC, found in
  Title 16, Code of Federal Regulations, Parts 1500
  and 1507.

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• FIREWORKS DISPLAY. A presentation of fireworks
  for a public or private gathering.
• The areas selected for the discharge site,
  spectator viewing area, parking areas and the
  fallout area must be inspected and approved by
  the authority having jurisdiction.

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• HIGHWAY. A public street, public alley or public
  road.
• Roads, alleys and similar thoroughfares or
  vehicular accessways on private property are not
  included in this definition. However, when
  private roadways adjacent to an explosives
  magazine or blasting site are commonly used for
  vehicular traffic by the public, the separation
  required should be the same as that required for
  public rights-of-way or public access should be
  suspended.

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SECTION 3303 RECORD KEEPING AND REPORTING

• 3303.1 General. Records of the receipt, handling,
  use or disposal of explosive materials, and
  reports of any accidents, thefts, or unauthorized
  activities involving explosive materials shall
  conform to the requirements of this section.
• An accumulation of invoices, sales slips,
  delivery tickets or receipts or similar records
  representing individual transactions will satisfy
  the requirements for record keeping if they
  include the signature of the receiver of the
  explosive materials.

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• 3303.2 Transaction record. The permittee shall
  maintain a record of all transactions involving
  receipt, removal, use or disposal of explosive
  materials. Such a record shall be maintained for
  a period of five years, and shall be furnished to
  the fire code official for inspection upon
  request.
• Exception Where only Division 1.4G (consumer
  fireworks) are handled, records need only be
  maintained for a period of three years.
• A permit holder must keep a record of all
  transactions or operations involving explosive
  materials for five years and should be made
  available to the issuing authority upon request.

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Chapter 45 REFERENCED STANDARDS

• NFPA 112403 Manufacture, Transportation,
  Storage, and Retail Sales of Fireworks and
  Pyrotechnic Articles . . . . . . . . . . . . . .
  . . . . 3302.1, 3304.2, 3305.1, 3305.3,
  3305.4, 3305.5

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SECTION 3304 EXPLOSIVE MATERIALS STORAGE AND
HANDLING

• 3304.2 Magazine required. Explosives and
  explosive materials, and Division 1.3G fireworks
  shall be stored in magazines constructed,
  located, operated and maintained in accordance
  with the provisions of Section 3304 and NFPA 495
  or NFPA 1124.
• 3305.1 General. The manufacture, assembly and
  testing of explosives, ammunition, blasting
  agents and fireworks shall comply with the
  requirements of this section and NFPA 495 or NFPA
  1124.

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• 3305.3 Intraplant separation of operating
  buildings. Explosives manufacturing buildings and
  fireworks manufacturing buildings, including
  those where explosive charges are assembled,
  manufactured, prepared or loaded utilizing
  Division 1.1, 1.2, 1.3, 1.4 or 1.5 explosives,
  shall be separated from all other buildings,
  including magazines, within the confines of the
  manufacturing plant, at a distance not less than
  those shown in Table 3305.3 or 3304.5.2(3), as
  appropriate.
• Exception Fireworks manufacturing buildings
  separated in accordance with NFPA 1124.

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• 3305.4 Separation of manufacturing operating
  buildings from inhabited buildings, public
  traffic routes and magazines. When an operating
  building on an explosive materials plant site is
  designed to contain explosive materials, such a
  building shall be located away from inhabited
  buildings, public traffic routes and magazines in
  accordance with Table 3304.5.2(2) or 3304.5.2(3)
  as appropriate, based on the maximum quantity of
  explosive materials permitted to be in the
  building at one time (see Section 3301.8).
• Exception Fireworks manufacturing buildings
  constructed and operated in accordance with NFPA
  1124.

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• 3305.5 Buildings and equipment. Buildings or
  rooms that exceed the maximum allowable quantity
  per control area of explosive materials shall be
  operated in accordance with this section and
  constructed in accordance with the requirements
  of the International Building Code for Group H
  occupancies.
• Exception Fireworks manufacturing buildings
  constructed and operated in accordance with NFPA
  1124.

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SECTION 3308FIREWORKS DISPLAY

• 3308.1 General. The display of fireworks,
  including proximate audience displays and
  pyrotechnic special effects in motion picture,
  television, theatrical, and group entertainment
  productions, shall comply with this chapter and
  NFPA 1123 or NFPA 1126.
• The only discharge of fireworks permissible under
  the code is a public display conducted by
  competent pyrotechnicians in accordance with the
  requirements of NFPA 1123 and NFPA 1126 and
  authorized by the fire code official.

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• 3308.11 Retail display and sale. Fireworks
  displayed for retail sale shall not be made
  readily accessible to the public. A minimum of
  one pressurized-water portable fire extinguisher
  complying with Section 906 shall be located not
  more than 15 feet (4572 mm) and not less than 10
  feet (3048 mm) from the hazard. No Smoking
  signs complying with Section 310 shall be
  conspicuously posted in areas where fireworks are
  stored or displayed for retail sale.

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• When retail sales are allowed by Section
  3301.1.3, Exception 4, the intent of this section
  is to limit physical access by the public to the
  fireworks merchandise. Fireworks on display and
  stocks of fireworks for retail sale must be
  located out of public reach and brought to the
  customer by an employee of the store or an
  authorized representative, similar to handling
  merchandise in an old-fashioned general store.
  Retail sales outlets must not present a
  significant risk of fire or injury to those
  individuals conducting sales of retail fireworks,
  customers, members of the general public and any
  surrounding property.

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• F18106/07 2009 IFC
• 3308.11 Proponent Greg Rogers, South Kitsap Fire
  Rescue, representing ICC Joint Fire Service
  Review Committee
• Delete without substitution
• 3308.11 Retail display and sale. Fireworks
  displayed for retail sale shall not be made
  readily accessible to the public. A minimum of
  one pressurized-water portable fire extinguisher
  complying with Section 906 shall be located not
  more than 15 feet (4572 mm) and not less than10
  feet (3048 mm) from the hazard. No Smoking
  signs complying with Section 310 shall be
  conspicuously posted in areas where fireworks are
  stored or displayed for retail sale.
• Reason Section 3301.1.3 prohibits consumer
  fireworks unless specifically authorized by state
  or jurisdictional statute or ordinance as allowed
  in Exception 4 to Section 3301.1.3. Therefore,
  the statute or ordinance should include the
  provisions for the retail display of fireworks
  and the provisions for the structure that
  contains the retail operation.

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• F26807/08 2009 IFC
• 3309 (New) Proponent Rick Thornberry, PE, The
  Code Consortium, representing American
  Pyrotechnics Association (APA)
• Add new section as follows
• SECTION 3309 TEMPORARY STORAGE OF CONSUMER
  FIREWORKS
• 3309.1 General. Where the temporary storage of
  consumer fireworks, 1.4G is allowed by Section
  3301.1.3, Exception 4, such storage shall comply
  with the applicable requirements in NFPA 1124.
• Reason Since the temporary storage of consumer
  fireworks, 1.4G occurs in almost every state in
  the US, it makes good sense to specify fire
  safety regulations for those situations. NFPA
  1124-2006 contains fairly comprehensive
  requirements for such storage that have been
  developed through the NFPA consensus process.

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• The new code text, Section 3309, addresses
  temporary storage of consumer fireworks. When
  approved by the fire code official, Section
  3309.1 permits the temporary storage of consumer
  fireworks when it is in accordance with NFPA
  1124.
• Consumer fireworks retail sales are permitted by
  NFPA 1124 to occur in temporary stands, tents,
  canopies, and membrane structures, as well as,
  permanent stores and facilities. Temporary
  consumer fireworks storage and retail display
  must comply with the requirements in Chapters 6
  and 7 of NFPA 1124.

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NFPA 1124, Code for the Manufacture,
Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic Articles, 2006 Edition
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Chapter 6 Storage of Consumer Fireworks

• 6.1 Applicability.
• 6.1.1 Storage of consumer fireworks at
  manufacturing and distribution facilities shall
  comply with the requirements of this
  chapter.6.1.2   The requirements of this
  chapter shall apply to the following
• Permanent buildings and structures including the
  following
• Consumer fireworks storage buildings or areas
• Consumer fireworks work buildings, rooms, or
  areas
• Temporary facilities including the following
• Trailers
• Semitrailers
• Metal shipping containers

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• 6.1.3   This chapter shall not apply to buildings
  or facilities where the net weight of the
  pyrotechnic content of consumer fireworks stored
  does not exceed 125 lb, or 250 lb where the
  building is protected throughout with an approved
  automatic sprinkler system installed in
  accordance with NFPA 13, Standard for the
  Installation of Sprinkler Systems.

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• 6.1.4   Consumer fireworks storage buildings
  shall not be used as a magazine. Consumer
  fireworks shall be permitted to be stored in a
  magazine.
• 6.1.5   Consumer fireworks work buildings shall
  not be used as process buildings. Consumer
  fireworks shall be permitted to be processed in a
  process building.
• 6.1.6   For the purposes of this chapter, the
  terms consumer fireworks and pyrotechnic articles
  shall mean assembled devices that have been
  approved by the Department of Transportation as
  Fireworks UN0336 and Articles, Pyrotechnic UN0431
  and UN0432.

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Chapter 7 Retail Sales of Consumer Fireworks

• 7.1 Applicability.
• 7.1.1 General Requirements.   Retail sales of
  consumer fireworks in both new and existing
  buildings, structures, and facilities shall
  comply with the requirements of this chapter
  unless otherwise indicated.

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• 7.1.2 Facility Classification.  
• The requirements of this chapter shall apply to
  the following
• Permanent buildings and structures, including the
  following
• Stores
• CFRS facilities
• Temporary facilities, including the following
• CFRS stands
• Tents
• Canopies
• Membrane structures

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• 7.2 Special Limits for Retail Sales of Consumer
  Fireworks. 7.2.1   Retail sales of consumer
  fireworks, including their related storage and
  display for sale of such fireworks, shall be in
  accordance with this code.7.2.2   Retail sales
  of consumer fireworks shall be limited to
  mercantile occupancies defined in, Life Safety
  Code.

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• 7.2.6   The retail sales of pest control devices,
  including their related storage and display for
  sale, shall be prohibited at a CFRS facility or
  store.
• 7.2.7   The retail sales of fireworks that do not
  comply with the regulations of the U.S. Consumer
  Product Safety Commission as set forth in 16 CFR
  1500 and 1507 and the regulations of the U.S.
  Department of Transportation as set forth in 49
  CFR 100 to 178, including their related storage
  and display for sale, shall be prohibited.

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• 7.3 General Requirements for All Retail Sales.
  7.3.1 Exempt Amounts.   7.3.1.1   The
  requirements of this chapter shall not apply to
  CFRS facilities or stores where the consumer
  fireworks are in packages and where the total
  quantity of consumer fireworks on hand does not
  exceed 125 lb (net) 56.8 kg of pyrotechnic
  composition or, in a building protected
  throughout with an approved automatic sprinkler
  system installed in accordance with NFPA 13,
  Standard for the Installation of Sprinkler
  Systems, 250 lb (net) 113.6 kg of pyrotechnic
  composition.

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• 7.3.1.2   Where the actual weight of the
  pyrotechnic composition of consumer fireworks is
  not known, 25 percent of the gross weight of the
  consumer fireworks, including packaging, shall be
  permitted to be used to determine the weight of
  the pyrotechnic composition.

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• 7.3.2 Permits.  
• 7.3.3 Plans
• 7.3.4 Fire Department Access  
• 7.3.5 Construction of Buildings and Structures  
• 7.3.6 Automatic sprinkler
• 7.3.7 Storage Rooms
• 7.3.8 Portable Fire Extinguishers
• 7.3.9 Fire Alarms7.3.10 Smoke Control
• 7.3.11 No Smoking Signs
• 7.3.12 Distance from Bulk Dispensing and Bulk
  Storage  

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• 7.3.13 Fire Safety and Evacuation Plan
• 7.3.14 Means of Egress
• 7.3.15 Retail Sales Displays
• 7.3.15.2 Height of Sales Displays
• 7.3.15.3 Flame Breaks
• 7.3.15.4 Shelving
• 7.3.15.5 Covered Fuses
• 7.3.15.6 Aerial Devices
• 7.3.15.7 Horizontal Barriers
• 7.3.16 Electrical Equipment
• 7.3.17 Heating Equipment

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• 7.3.18 Portable Generators
• 7.3.19 Operations
• 7.3.19.2 Distances from Entrances and Exits
• 7.3.19.3 Security
• 7.3.20 Display and Handling
• 7.3.21 Housekeeping
• 7.3.22 Training
• 7.3.23 Under the Influence
• 7.3.24 Records

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• 7.4 Consumer Fireworks Retail Sales (CFRS)
  Facility Requirements
• 7.5 Stores
• 7.6 Stands

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(No Transcript)