Current through Register Vol. XLI, No. 50, December 13, 2024
Section 103-4-3 - Definitions3.1. "Approved" means acceptable to the authority having jurisdiction.3.2. "Authority Having Jurisdiction" or "AHJ" means an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. For the purpose of this rule, unless otherwise referenced, the AHJ is designated as the State Fire Marshal.3.3. "Agricultural and wildlife fireworks" means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Division of Natural Resources of this state.3.4. "Amusement park" means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under article ten, chapter twenty-one of this code;3.5. "APA Standard 87-1" means the APA Standard 87-1 published by the American Pyrotechnics Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;3.6. "Articles pyrotechnic" means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C.F.R. § 172.101 (2014).3.7. "Consumer Fireworks Retail Sales" or "CFRS" means any location where consumer fireworks are sold at retail to the general public.3.8. "Consumer Fireworks Retail Sales Area" or "CFRS Area" means the portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public.3.9. "Consumer Fireworks Retail Sales Facility" or "CFRS Facility" means a permanent or temporary building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public. 3.10. "Consumer Fireworks Retail Sales Stand" or "CFRS Stand" means a location that has a floor area not greater than 800 ft2 (74 m2), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public. CFRS Stands can include, but are not limited to, small buildings, plywood or sheet metal structures, manufactured buildings, semitrailers, trailers, shipping containers, or similar structures or facilities.3.11. "Consumer Fireworks Storage Building" means a building in which finished consumer fireworks are received, stored, and shipped but in which no manufacturing is performed.3.12. "Consumer fireworks" means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties, toy caps or model rockets. Consumer fireworks are normally classified as Explosives, 1.4G and described as Fireworks, UN 0336 by the U.S. Department of Transportation (U.S. DOT) (see Annex C). Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 0.8 gr (50 mg) or less of explosive composition (salute powder), and aerial devices containing 2 gr (130 mg) or less of explosive composition (salute powder) per explosive unit. Consumer fireworks that comply with the construction, chemical composition, and labeling regulations of the U.S. DOT for fireworks, 49 CFR 172, and the U.S. Consumer Product Safety Commission (CPSC) as set forth in CPSC 16 CFR 1500 and 1507, are not considered to be explosive materials for purposes of this rule.3.13. "Consumer fireworks certificate" means a certificate issued under section five, article three-e, chapter twenty-nine of the code of West Virginia.3.14. "Display fireworks" means large fireworks to be used solely by professional pyro-technicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as Explosives, 1.3G by the U.S. Department of Transportation (U.S. DOT), and/or fireworks UN0333, UN0334, or UN0335 under 49 C.F.R. § 172.101 (2014).3.15. "Distributor" means a person who sells fireworks to wholesalers and retailers for resale in this state.3.16. "Distribution Facility"means a place where consumer fireworks are received, stored, picked, packaged and packed into shipping cartons, and shipped to other distribution facilities, manufacturing facilities, or CFRS facilities or stores.3.17. "Division 1.3 explosive" means that term as defined in 49 C.F.R. § 173.50 (2014).3.18. "Division 1.4 explosive" means that term as defined in 49 C.F.R. § 173.50 (2014).3.19. "DOT-Approved Packaging" means packaging for fireworks complying with the regulations of the U.S. Department of Transportation (DOT), Title 49, Part 178. DOT-approved packaging for consumer fireworks typically consists of sealed fiberboard cartons that have been tested and certified to meet the performance requirements specified in Part 178 of 49 CFR. Cartons are required to be marked and labeled in compliance with DOT regulations to indicate that fireworks are contained in the packaging.3.20. "Explosive composition" means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.3.21. "Explosive material" means explosives, blasting agents and detonators.3.22. "Fire Marshal" means the State Fire Marshal or his/her designee.3.23. "Firecracker" or "salute" is a device that consists of a small paper wrapped or cardboard tube containing not more than fifty (50) milligrams of pyrotechnic composition and that produces, upon ignition, noise, accompanied by a flash of light.3.24. "Firework" or "Fireworks" means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, display fireworks and special fireworks. The following items are excluded from the definition of fireworks: Model rockets; Sparkling devices; Novelties; Toy pistol caps; Emergency signal flares; Matches; Fixed ammunition for firearms; Ammunition components intended for use in firearms, muzzle loading cannons, or small arms; Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms; Indoor pyrotechnics special effects material; or M-80s, cherry bombs, silver salutes, and any device banned by the federal government.3.25. "Indoor pyrotechnics special effects material" means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in NFPA 1126).3.26. "Inhabited Building" or "Inhabited Structure" means any building or structure regularly used in whole or part as a place of human habitation.3.27. "License" means an authority granted to a person by the State Fire Marshal to perform certain tasks or work in an area regulated by the State Fire Marshal.3.28. "Manager" means an individual accountable for supervising operations, tasks, staff and areas of a Consumer Fireworks Retail Sales location.3.29. "Manufacturer" means a person engaged in the manufacture of fireworks. A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. § 173.56(2)(j) (2014).3.30. "Model rocket" means that term as defined in National Fire Protection Association Standard 1122, "Code for Model Rocketry".3.31. "New explosive" means that term as defined in 49 C.F.R. § 173.56 (2014).3.32. "NFPA 495" means National Fire Protection Association Standard 495, "Explosive Materials Code (2018 Edition).3.33. "NFPA 1123" means National Fire Protection Association Standard 1123, "Code for Fireworks Display" (2018 Edition).3.34. "NFPA 1124" means National Fire Protection Association Standard 1124, "Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles" (2006 Edition).3.35. "NFPA 1126" means National Fire Protection Association Standard 1126, "Standard for the Use of Pyrotechnics Before a Proximate Audience" (2021 Edition).3.36. "Novelties" means that term as defined under APA standard 87-1, section 3.2; but shall not include toy pistols, toy caps, toy canes, toy guns or other similar devices.3.37. "Organization" means an association, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit.3.38. "Packaged Fireworks Merchandise" means a consumer fireworks device or group of consumer fireworks devices that has been packaged within an unperforated container or packaging material by the manufacturer, distributor, or seller for retail display and sale as a unit.Packaged fireworks merchandise is generally fireworks items or groups of fireworks items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer. The packaging arrangement completely encapsulates the fireworks item or items within paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. Such encapsulation ensures that a person must puncture, tear, unseal, or break open the package or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual fireworks item to expose its fuse.3.39. "Party popper" means a small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.3.40. "Permanent" as applied to buildings or structures: a building or structure affixed to a foundation on a site and having fixed utility connections, that is intended to remain on the site for more than 180 consecutive calendar days.3.41. "Permit" means a document issued by the State Fire Marshal giving temporary approval to conduct an activity regulated by the State Fire Marshal.3.42. "Person" means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit.3.43. "Public display of fireworks" means a public entertainment feature that is advertised to the general public or is on public property that includes the display or discharge of fireworks.3.44. "Pyrotechnic composition" means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined.3.45. "Registration" means a lawfully issued certificate of registration by the State Fire Marshal.3.46. "Responding fire department" means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision.3.47. "Retail Sales"means the retail display and sale of merchandise to the public within a mercantile occupancy.3.48. "Retailer" means a person who purchases fireworks for resale to consumers.3.49. "Sparkling devices" means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3.1.1 and 3.5.3.50. "Special effects" means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production or live entertainment.3.51. "Special fireworks" means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks.3.52. "Store" means a building classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks.3.53. "Storage Facility" means any building, structure, magazine, igloo, barn, trailer, semitrailer or other mobile property in which consumer fireworks, display fireworks, special fireworks, or other pyrotechnics are stored, but in which no processing or manufacturing is performed.3.54. "Temporary" as applied to buildings or structures: a building or structure not meeting the definition for permanent structure. As applied to electrical power and wiring: electrical service in use or in place for a period of 90 consecutive calendar days or less. Examples of temporary structures without limitation include tents, shanties, or other forms of temporary shelter, housing or storage.3.55. "Toy caps" means that term as defined under APA 87-1, section 3.3.3.56. "Wholesaler" means any person, including any dealer, distributor, or jobber, who sells consumer fireworks to a retailer or any other person solely for resale in this state. It shall also include any person who sells articles of pyrotechnics, display fireworks, and special effects to a person licensed by the State Fire Marshal to possess and use those devices.