This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:50 GMT

TITLE 28 - INSURANCE
PART 1 - TEXAS DEPARTMENT OF INSURANCE
CHAPTER 34 - STATE FIRE MARSHAL
SUBCHAPTER H - STORAGE AND SALE OF FIREWORKS
SECTION/RULE §34.822 - Storage of Black Powder and Fireworks 1.3G at Other Than Display Sites
Chapter Review Date 06/08/2021

(a) General provisions.(1) Fireworks 1.3G and black powder shall be stored in magazines unless they are in process of manufacture, being physically handled in the operating process, being packaged, or being transported.(2) Black powder and Fireworks 1.3G shall be stored in a magazine meeting or exceeding the requirements for a Type 4 magazine.(3) Magazines containing Fireworks 1.3G or black powder shall be separated from inhabited buildings, other magazines, fireworks manufacturing plant buildings, passenger railways, and public highways in accordance with Table 3 in §34.824 of this title (relating to Distance Tables).(4) Bulk storage of Class I flammable liquids and flammable compressed gases shall comply with provisions of §34.821(a)(7) of this title (relating to Manufacturing Operations).(b) Construction of magazines--general.(1) Magazines shall be constructed in conformity with the provisions of this subsection, or may be of substantially equivalent construction.(2) The ground around the magazines shall be graded for drainage of water.(3) Magazine heating systems, if installed, shall meet the following requirements.(A) Radiant heating coils within the building, if used, shall be installed in such a manner that the fireworks containers cannot contact the coils and air is free to circulate between the coils and the fireworks.(B) Air heating ducts shall be installed in such a manner that the hot air discharge from the duct is not directed against the fireworks or fireworks containers.(C) The heating device shall have controls that prevent the ambient building temperature from exceeding 130 degrees Fahrenheit.(D) The electric fan or pump used in the heating system shall be mounted outside and separate from the wall of the magazine and shall be grounded.(E) The electric fan motor and the controls for an electrical heating device used in heating water or steam shall have overloads and disconnects. All electrical switch gear shall be located a minimum distance of 25 feet from the magazine.(F) The heating source for a water or steam system, if used, shall be separated from the magazine by a distance of not less than 25 feet when electric and 50 feet when fuel-fired. The area between the heating unit and the magazine shall be cleared of all combustible materials.(G) The storage of fireworks and fireworks containers in the magazine shall allow uniform air circulation so temperature uniformity can be maintained throughout the stored materials.(4) When lights are necessary inside the magazine, electrical safety flashlights or electric safety lanterns should be used. The authority having jurisdiction may authorize interior lighting of special design for magazines provided that adequate safety is maintained.(5) When ventilation is required in a compartmented magazine, sufficient ventilation shall be provided to protect the stored materials as necessary in each compartment. Stored materials shall be so placed in the magazine as not to interfere with ventilation and shall be stored so as to prevent contact with masonry walls or with any steel or other ferrous metal by means of a nonsparking lattice or equivalent lining.(c) Construction of magazines. Magazines for storage of Fireworks 1.3G and black powder shall meet or exceed the following specifications for Type 4 magazines.(1) A Type 4 magazine shall be a permanent, portable, or mobile structure, such as a building igloo, semi-trailer, or other mobile container that is fire resistant, theft resistant, and weather resistant.(2) A Type 4 magazine shall be constructed of masonry, wood covered with metal, fabricated metal, or a combination of these materials. The door shall be metal or solid wood covered with metal.(3) Permanent Type 4 magazines shall be constructed in accordance with those provisions for Type 4 magazines relating to foundations, ventilation, locks, hinges, hasps, and locking hardware as required by