D.C. Mun. Regs. tit. 12, r. 12-H5609
General
Scope. The manufacture of fireworks is prohibited in the District of Columbia. The display, sale or discharge of fireworks shall comply with the requirements of this chapter.
Prohibited fireworks. The manufacture, possession, storage, display, sale, setting off, or discharge of any fireworks listed below is prohibited in the District of Columbia:
Permitted fireworks. The following fireworks are permitted to be stored, displayed, sold, delivered, used and possessed in accordance with the provisions of this chapter:
Labeling.Each standard retail package or retail item of fireworks stored, kept for sale, sold, or delivered by any person engaged in the business of selling fireworks shall be labeled or marked with the name of the manufacturer, the number and type of the firework, and directions of use.
Limitations and requirements for permitted fireworks
Prohibitions. No person shall manufacture, process, package, repackage, store, keep for sale, display, sell or deliver any of the following in the District of Columbia:
Cylindrical tube fireworks. Cylindrical tube fireworks that comply with the following requirements are permitted to be sold or offered for sale in the District of
Columbia:
Required permits and licenses
Firework licenses required. No person shall engage in the business of selling or offering to sell any fireworks, either at wholesale or at retail, until such person has obtained a business license from the Department of Consumer and Regulatory Affairs as required by D.C. Official Code § 47-2814 and Title 17, Chapter 5 DCMR. No person licensed under this section shall store, keep for sale, deliver, or display any fireworks other than those authorized by this chapter.
Operational permit required. An operational permit is required, in accordance with Section 105.6.15, for the manufacture, storage, handling, sale or use of any quantity of fireworks within the scope of Chapter 56.
Financial responsibility. Any person applying for a permit for the purposes of storage or retail of fireworks shall file with the Fire Chief or his representative a corporate surety bond in the principal minimum sum of $100,000 or a public liability insurance policy for the same sum for the purposes of payment of damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. This section shall apply to all permanent and temporary retail establishments.
Authority to conduct inspections. The fire code official is authorized to inspect all firework products, and all locations where fireworks are sold or stored, to ensure that such products and locations are in compliance with the requirements of Chapter 56.
Unloading and reloading of fireworks. It is the applicant's responsibility to provide sufficient labor to unload and reload fireworks, as shall be required for inspection. The inspectors shall not participate in unloading or reloading fireworks.
Approved storage location. All wholesale fireworks that are not stored in an approved location are required to be removed from the jurisdiction.
Temporary structures and uses. A permit to construct a temporary structure and a certificate of occupancy for temporary use and occupancy of thatstructure shall be obtained from DCRA in accordance with Section 107 of the Building Code in connection with the retail sale of fireworks, where applicable.
Additional requirements for wholesale and retail sales
Restrictions on deliveries. No wholesale licensee shall make deliveries to any retail sale location during rush hour. For the purposes of this section, rush hour shall be defined as the hours between 6:30 a.m. and 9:30 a.m. and between 3:30 p.m. and 6:30 p.m. daily, except Saturdays, Sundays and legal holidays.
Vehicle standards. In the interest of public safety, all vehicles transporting wholesale fireworks shall meet the following standards.
Wholesaler's records. Each wholesaler licensee shall maintain full and complete records of all purchases and sales of fireworks. The Fire Chief is authorized to examine the books and records of any wholesale licensee with respect to purchases and sales of fireworks.
Sample required. Persons engaged in the business of selling or offering to sell fireworks at wholesale shall submit to the Fire Chief at least three (3) samples of each firework proposed to be sold or delivered by the wholesaler, together with complete specifications and a chemical analysis for each firework. These samples shall be submitted to the Office of the Fire Marshal no later than February 1 of each year.
Retail sale of fireworks. All fireworks for retail sale in the District of Columbia shall be purchased in the District of Columbia from a licensed fireworks wholesaler.
Minimum age. No individual shall participate in the retail sale of fireworks unless he/she is 18 years of age or older.
Hours of sales operation. No fireworks product shall be offered for retail sale between the hours of 10:00 PM to 10:00 AM at any location in the District of Columbia.
Retailer's records. Each retail licensee shall maintain full and complete records of all purchases of fireworks.
Additional Safety Requirements for Fire works
Prohibitions near flammable materials. No person shall sell, handle, store, or discharge any fireworks within 50 feet (15240 mm) of any gasoline pump, fill line, vent line, or any building where flammable liquids are stored or handled.
Places where discharges are prohibited. No person shall discharge fireworks within 50 feet (15240 mm) of a place where fireworks are stored, handled, or sold.
Removal or relocation. If the Fire Chief finds that fireworks are stored or displayed in any of the following ways, the Fire Chief is authorized to issue written orders to the owner of the premises where the fireworks are stored or displayed, or to the person owning, storing or displaying the fireworks, to remove or relocate that storage or display.
No smoking signs . "No Smoking" signs that comply with Section 3102.3 shall be posted at all retail firework stands.
Fire extinguishers. At least one fire extinguisher with a minimum rating of 2A shall be installed in each retail fireworks stand. The fire extinguisher shall be maintained in accordance with NFPA 10.
Seizure of Fireworks
Fireworks subject to seizure. All fireworks sold, offered for sale, stored, processed, or transported in violation of this chapter shall be subject to seizure by the Fire Chief.
Impounding. The Fire Chief shall impound all seized fireworks in a place under such conditions that will reduce as much as reasonably possible any threat from those impounded fireworks to the safety of any person or property.
Notice to destroy or transport. At the time of seizure, the Fire Chief shall issue a written notice to the owner of the fireworks or the owner's agent stating that all seized fireworks shall be destroyed 30 days from the date of the notice. All seized fireworks approved for sale in the District of Columbia may be returned provided the owner of the fireworks or the owner's agent can make arrangements satisfactory to the Fire Chief within 30 days from the date of the notice to properly transport the permitted fireworks to an approved location.
Destruction of fireworks. If the arrangements required under Section 5609.6.3 are not made within 30 days from the date on which written notice is given by the Fire Chief to the owner of the fireworks or the owner's agent, the Fire Chief shall destroy or order the destruction of the seized fireworks in a manner that reasonably avoids danger to any person or property.
D.C. Mun. Regs. tit. 12, r. 12-H5609