Section 34.821 - Manufacturing Operations(a) Building site security.(1) All fireworks manufacturing plants shall be completely surrounded by a substantial fence having a minimum height of six feet. All openings in the fence shall be equipped with suitable gates which shall be kept securely locked at all times when not in actual use. The main gate may be left open during the regular hours of operation while in plain view of authorized responsible employees or guards. Conspicuous signs indicating "Warning," "No Smoking," and "No Trespassing" shall be posted.(2) No person other than authorized employees or representatives of departments of federal, state, or political subdivisions of the state governments having jurisdiction shall be allowed in any fireworks manufacturing plants, except by special permission from the plant office.(3) All manufacturing process buildings shall be separated from inhabited buildings, public highways, and passenger railways in accordance with Table 1 in § 34.824 of this title (relating to Distance Tables).(4) The distance between process buildings shall be in accordance with provisions of Table 2 in § 34.824 of this title (relating to Distance Tables).(5) Distance between nonprocess buildings, process buildings, and magazines shall be in accordance with Table 2 in § 34.824 of this title (relating to Distance Tables).(6) Magazines storing Fireworks 1.3G, black powder, and salutes shall be separated from inhabited buildings, highways, or other magazines containing black powder or salutes in accordance with Table 3 in § 34.824 of this title (relating to Distance Tables).(7) Permissible bulk storage of Class I flammable liquids (such as gasoline) and flammable compressed gases at fireworks manufacturing and/or storage facilities shall: (A) be located at least 100 feet from processing, storage buildings, or magazines; or flammable liquid tanks may be located below ground; and(B) provide that dispensing units and ventilation pipes be located at least 100 feet from processing or storage buildings or magazines.(b) Building construction. (1) Process buildings, except buildings in which customers' orders are prepared for shipment, shall embody breakaway construction. The exterior of process buildings shall be constructed of materials no more combustible than painted wood.(2) No building shall have a basement or be more than one story high. Interior surfaces shall be finished to discourage the accumulation of dust.(3) Mixing and pressing buildings shall have conductive flooring, properly grounded.(c) Heat, light, electrical equipment.(1) No stoves, exposed flames, or electrical heaters shall be used in any part of a process or mixing building. Heating shall be by means of steam, indirect hot air radiation, hot water, or any other means approved by the state fire marshal. Unit heaters located inside buildings shall be equipped with motors and switches suitable for use in Class II, Division 1 locations found in National Electrical Code, 1984, Article 502.(2) Where artificial lighting is required in fireworks processing buildings, it shall be by electricity. Temporary or loose electrical wiring shall not be used.(3) All wiring in mixing and pressing buildings shall be in rigid metal conduit or by Type MI cable. The wiring, lighting fixtures, and switches shall comply with the requirements for Class II, Division 1 locations in the National Electrical Code, 1984, Article 502.(4) Wiring, switches, and fixtures in storage buildings shall comply with the requirements for Class II, Division 2 locations in the National Electrical Code, 1984, Article 502.(5) All presses and other mechanical devices shall be properly grounded.(6) A master switch shall be provided at the point where electric current enters the plant, which will, upon being opened, immediately cut off all electric current to the plant, except that to emergency circuits.(d) Maximum building occupancy and quantities of explosive or pyrotechnic composition. (1) Occupants in each process building and magazine shall be limited to those conducting the operations.(2) No more than 500 pounds of pyrotechnic and explosive composition shall be permitted at one time in any mixing building or any building in which pyrotechnic and explosive compositions are pressed or otherwise prepared for finishing and assembling.(e) Fire, explosion prevention. (1) All buildings shall be kept clean, orderly, and free from accumulation of dust or rubbish. Powder, or other explosive or pyrotechnic materials, when spilled, shall be immediately cleaned up and removed from the building.(2) Rags, combustible pyrotechnic or explosive scrap, and paper shall be kept separate from each other and placed in approved marked containers. All waste and reject hazardous material shall be removed from all buildings daily and removed from the plant at regular intervals and destroyed in an appropriate manner.(3) No smoking or carrying of lighted pipes, cigarettes, cigars, matches, lighters, or open flame is permitted within the plant fence; except that smoking may be permitted in office buildings, or buildings used exclusively as lunchrooms or restrooms and in which the presence of fireworks or any explosive composition is prohibited. Authorized smoking locations shall be established, so marked, and contain suitable receptacles for cigarette and cigar butts and pipe residue. At least one Class A fire extinguisher shall be located in this area. Persons whose clothing is contaminated with explosives, pyrotechnic, or other dangerous materials shall not be permitted in smoking locations.(4) Matches, cigarette lighters, or other flame-producing devices shall not be brought into any process building or magazine.(5) No person shall enter any fireworks plant in possession of liquor or narcotics, or be under the influence of liquor or narcotics, while in a fireworks plant.(6) Each fireworks plant shall have an employee designated as safety officer. All employees of a fireworks plant, upon commencing employment and at least annually thereafter, shall be given formal instruction by the safety officer, regarding proper methods, procedures, and safety requirements for handling explosives, pyrotechnics, and fireworks.(7) In areas where there is a danger of ignition of materials by sparks, properly maintained and nonferrous safety hand tools shall be used.(8) In no case shall oxidizers such as nitrates, chlorates, or perchlorates be stored in the same building with combustible powdered materials such as charcoal, gums, metals, sulfur, or antimony sulfide.(f) Testing. Testing of fireworks and components of fireworks shall be performed in an area set aside for that purpose and located a safe distance from any plant building or other structure.(g) Fire extinguishers; emergency procedures.(1) Fire extinguishers shall be provided in all buildings except those in which pyrotechnic mixtures are exposed.(2) Emergency procedures shall be established for each plant which will include personnel instruction in any emergency that may be anticipated.(3) Emergency procedures shall include instruction in the use of portable fire extinguishers and instructions on the type of fires on which they may and may not be used. (A) The employees shall be told that if a fire is involved with or is in danger of spreading to pyrotechnic mixtures, they are to leave the building at once and follow prescribed procedures for alerting other employees.(B) Extinguishers shall be used on fires involving ordinary combustible materials.28 Tex. Admin. Code § 34.821
The provisions of this §34.821 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.