Section 34.808 - DefinitionsThe following words and terms, when used in this subchapter, must have the following meanings, unless the context clearly indicates otherwise.
(1) Acceptor building--A building that is exposed to embers and debris emitted from a donor building.(2) Agricultural, industrial, or wildlife control permits--Permits authorizing the holder to use Fireworks 1.3G for specified purposes in these business activities.(3) Authorized retail location--A retail location that complies with the requirements of statute and rules and with a permit, and that is not prohibited by a local ordinance.(4) Bare wiring--Any electrical cable or cord any part of which has the insulating cover broken or removed, exposing bare wire.(5) Barricade--A natural or artificial barrier that will effectively screen a magazine, building, railway, or highway from the effects of an explosion in a magazine or building containing explosives. It must be of a height that a straight line from the top of any side wall of a building, or magazine containing explosives to the eave line of any magazine, or building, or to a point 12 feet above the center of a railway or highway, will pass through such natural or artificial barrier.(6) Barricade, artificial--An artificial mound or revetted wall of earth of a minimum thickness of one foot.(7) Barricade, natural--Natural features of ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine or building containing explosives when the trees are bare of leaves.(8) Barricade, screen type--Any of several barriers for containing embers and debris from fires and deflagrations in process buildings that could cause fires and explosions in other buildings. Screen type barricades must be constructed of metal roofing, one-inch or half-inch mesh screen or equivalent material. A screen-type barricade extends from the floor level of the donor building to a height that a straight line from the top of any side wall of the donor building to the eave line of the acceptor building will go through the screen at a point not less than five feet from the top of the screen. The top five feet of the screen are inclined at an angle of between 30 and 45 degrees, toward the donor building.(9) Breakaway construction--A general term that applies to the principle of purposely providing a weak wall so that the explosive effects can be directed and minimized. The term "weak wall" as used in these sections refers to a weak wall and roof, or weak roof. The term "weak wall" is used in a relative sense as compared to the construction of the entire building. The design strength of the weak wall will vary as to the building construction, as well as to the type and quantity of explosive or pyrotechnic materials in the building. The materials used for weak wall construction are usually light gauge metal, plywood, hardboard, or equivalent lightweight material, and the material is purposely selected to minimize the danger from flying missiles. The method of attachment of the weak wall must be constructed to aid the relief of blast pressure and fireball.(10) Bulk storage, Fireworks 1.4G--The storage of 500 or more cases of Fireworks 1.4G.(11) Business--The manufacturing, importing, distributing, jobbing, or retailing of permissible fireworks; acting as a pyrotechnic operator; conducting multiple public fireworks displays; or using fireworks for agricultural, wildlife, or industrial purposes.(12) Buyer--Any person or group of persons offering an agreed-upon sum of money or other considerations to a seller of fireworks.(13) CFR--The Code of Federal Regulations, a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. The Code is divided into 50 titles. The titles are divided into chapters, which are further subdivided into parts.(14) Commissioner--The Commissioner of Insurance.(15) Department--The Texas Department of Insurance.(16) Donor building--A process building from which embers and burning debris are emitted during a fire.(17) DOT--The United States Department of Transportation (U.S. DOT).(18) Fireworks plant--All land , and buildings used for or in connection with the manufacture processing of fireworks. It includes storage facilities used in connection with plant operation.(19) Firm--A person, partnership, corporation, or association.(20) Flame effects operator--An individual who, by experience, training, or examination has demonstrated the skill and ability to safely assemble, conduct, or supervise flame effects in accordance with § 2154.253, Occupations Code.(21) Generator--Any device driven by an engine and powered by gasoline or other fuels to generate electricity for use in a retail fireworks stand.(22) Highway--The paved surface or, where unpaved, the edge of a graded or maintained public street, public alley, or public road.(23) Indoor retail fireworks site--A retail fireworks site other than a retail stand that sells Fireworks 1.4G from a building or structure.(24) Immediate family member--The spouse, child, sibling, parent, grandparent, or grandchild of an individual. The term includes a stepparent, stepchild, and stepsibling and a relationship established by adoption.(25) License--The license issued by the state fire marshal to a person or a fireworks firm authorizing same to engage in business.(26) Licensed firm--A person, partnership, corporation, or association holding a current license.(27) Magazine--Any building or structure, other than a manufacturing building, used for storage of Fireworks 1.3G.(28) Manufacturing--The preparation of fireworks mixes and the charging and construction of all unfinished fireworks, except pyrotechnic display items made on site by qualified personnel for immediate use when the operation is otherwise lawful.(29) Master electric switch--Manually operated device designed to interrupt the flow of electricity.(30) Mixing building--A manufacturer's building used for mixing and blending pyrotechnic composition, excluding wet sparkler mixes.(31) Multiple public display permit--A permit issued for the purpose of conducting multiple public displays at a single approved location.(32) Nonprocess building--Office buildings, warehouses, and other fireworks plant buildings where no explosive compositions are processed or stored. A finished firework is not considered an explosive composition.(33) Open flame--Any flame that is exposed to direct contact.(34) Outsource testing service--The testing service selected by the state fire marshal to administer certain designated qualifying tests for licenses under this subchapter.(35) Process building--A manufacturer's mixing building or any building in which pyrotechnic or explosive composition is pressed or otherwise prepared for finishing and assembling.(36) Public display permit--A permit authorizing the holder to conduct a public fireworks display using Fireworks 1.3G, on a single occasion, at a designated location, and during a designated period.(37) Retail fireworks site--The structure from which Fireworks 1.4G are sold and in which Fireworks 1.4G are held pending retail sale, and other structures, vehicles, or surrounding areas subject to the care and control of the retailer, owner, supervisor, or operator of the retail location.(38) Retail stand--A retail site that sells Fireworks 1.4G over the counter to the general public who always remain outside the structure.(39) Safety container--A container especially designed, tested, and approved for the storage of flammable liquids.(40) School--Any inhabited building used as a classroom or dormitory for a public or private primary or secondary school or institution of higher education.(41) Selling opening--An open area, including the counter, through which fireworks are viewed and sold at retail.(42) Storage facility--Any building, structure, or facility in which finished Fireworks 1.4G are stored, but in which no manufacturing is performed.(43) Supervisor--A person who is 18 years or older and who is responsible for the retail fireworks site during operating hours.(44) Walk door--An opening through which retail stand attendants can freely move but which can be secured to keep the public from the interior of the stand.28 Tex. Admin. Code § 34.808
The provisions of this §34.808 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571; amended to be effective December 8, 2002, 27 TexReg 11562; amended to be effective January 27, 2004, 29 TexReg 637; amended to be effective June 3, 2004, 29 TexReg 5402; amended to be effective July 5, 2011, 36 TexReg 4111; Amended by Texas Register, Volume 41, Number 29, July 15, 2016, TexReg 5197, eff. 7/19/2016; Amended by Texas Register, Volume 44, Number 34, August 23, 2019, TexReg 4486, eff. 8/29/2019