W. Va. Code R. § 103-4-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 103-4-5 - Consumer Fireworks Certification; Exemptions

5.1.Consumer fireworks certificate required.

5.1.a. A retailer may not sell consumer fireworks unless the retailer is certified under this Rule.

5.1.b. To be certified to sell consumer fireworks a retailer shall:

5.1.b.1. Submit an application to the State Fire Marshal;

5.1.b.2 Submit with the application a copy of his or her current business registration certificate;

5.1.b.3 Pay a fee of $500.00 for each temporary retail sales location and $1000.00 for each permanent retail sales location to the State Fire Marshal;

5.1.b.4 Provide the State Fire Marshal proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result from selling consumer fireworks;

5.1.b.5. Provide other incidental information as the State Fire Marshal may require in the application process;

5.1.b.6. Submit at least one (1) certificate with the CFRS application to the State Fire Marshal and all other certificates shall be maintained on site and produced upon request;

5.1.b.7. The sales site must comply with all applicable local zoning and land use rules.

5.1.c. A consumer fireworks certificate is valid from no earlier than April 1^st and expires no later than March 31^st of the next calendar year.

5.1.d. A consumer fireworks certificate is not transferable.

5.1.e. A retailer shall post the certificate in a conspicuous place at the location of the business.

5.1.f. A separate certificate is required for each location of the business.

5.1.g. A certificate holder may also sell sparkling devices and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.

5.1.h. A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124.

5.1.i. A retailer who sells consumer fireworks shall comply with applicable regulations provided in NFPA 1124 and NFPA 495 as applicable.

5.1.i.1. All consumer fireworks and pyrotechnic products not on display for retail sale shall be stored in accordance with NFPA 1124.

5.1.i.2. Any outdoor storage used to store consumer fireworks or pyrotechnic products shall obtain a valid permit from the State Fire Marshal.

5.1.j. A retailer shall sell the consumer fireworks only from a permanent building or structure that meets the specifications in NFPA 1124 or a temporary facility or structure that meets the specifications of NFPA 1124.7.3.5.

5.1.k. Smoking shall not be permitted at any CFRS Building, Facility, Store, Stand, Area or within 50 feet thereof.

5.1.k.1. Conspicuous signs indicating "FIREWORKS-NO SMOKING" shall be posted at frequent intervals inside the location, outside the location and within the vicinity to provide adequate notice of the prohibition to the public.

5.1.l. A retailer shall not be authorized within any concourse of any mall.

5.1.m. Retail displays of items which are exclusively novelties must be segregated from displays of items which are exclusively consumer fireworks. Items which are a combination of novelties and consumer fireworks shall be classified and regulated as consumer fireworks and treated as such for all purposes.

5.1.n. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.

5.1.o. Notwithstanding any provision of the law or this rule to the contrary, no retailer may offer consumer fireworks for sale before June 1, 2016.

5.2.Requirements for Temporary Retail Sales Location.

5.2.a. A retailer may sell consumer fireworks from a temporary structure under the following conditions:

5.2.a.1. A temporary structure may not be larger than 2,500 ft² (232 m²) square feet.

5.2.a.2. CFRS stands greater than 800 ft² (74 m²) in total area must meet the requirements for a permanent structure.

5.2.a.3. CFRS stands shall not be authorized within any structure, whether new or existing, whether occupied or unoccupied.

5.2.a.4. CFRS stands shall not include vehicles, such as vans, buses, recreational vehicles, motor homes, travel trailers, trucks, and automobiles.

5.2.a.5. All tent fabric shall meet the flame propagation performance criteria of Test Method 2, as required in NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.

5.2.a.6. All temporary retail sales locations must meet the following safety distances:

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5.2.a.7. Fireworks tents/stands shall be located at least fifteen feet (15') away from any federal/state/county/city highway or street.

5.2.b. Consumer Fireworks Certificates issued to a temporary retail sales location shall be valid for a period of no more than ninety (90) consecutive days.

5.2.b.1. A temporary retail sales location may not obtain more than two (2) consumer fireworks certificates in a year as defined by this rule.

5.2.b.2. There may be only one (1) temporary structure for each consumer fireworks certificate granted under this rule.

5.3.Requirements for Permanent Retail Sales Location.

5.3.a. A retailer may sell consumer fireworks from a permanent structure if the structure meets the requirements of any of the following subdivisions:

5.3.a.1. For the purpose of applying the requirements of this rule, permanent CFRS facilities and stores constructed prior to the effective date of this rule and in which the retail sales of consumer fireworks have not been conducted either seasonally or year-round within one year prior to the effective date of this code shall be considered to be new.

5.3.a.2. An automatic sprinkler system designed for an Ordinary Hazard, Group 2 occupancy and installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided throughout permanent CFRS facilities and stores in which CFRS are conducted in the following buildings:

5.3.a.2.i. New buildings greater than 6000 ft² (557.2 m²) in area;

5.3.a.2.ii. Existing buildings greater than 7500 ft² (694 m²) in area.

5.3.a.3. Portable generators shall be prohibited from use inside all CFRS facilities and stores.

5.3.a.4. Unless exempt from the requirements of NFPA 1124, all Consumer Fireworks Retail Sales (CFRS) Facilities and Stores shall have a complete electrical inspection of all electrical service, wiring, supply/loads and all other electrical devices and appliances. The inspection shall be performed by a West Virginia licensed and West Virginia certified commercial electrical inspector. A copy of the electrical inspection report shall be submitted to the State Fire Marshal with the certificate application.

5.3.a.5. An approved electrically supervised fire alarm system is required in all Permanent Consumer Fireworks Retail Facilities with a sales area, including storage area(s) within the same building, totaling 3000 ft² or greater.

5.3.a.6. The sales site must comply with all applicable local zoning and land use rules.

5.3.a.7. The retailer holds a valid business registration certificate and all other legal requirements of a doing business in this State.

5.3.a.8 For purposes of this subdivision, a retailer includes a resident wholesaler who supplied consumer fireworks prior to the effective date of this rule.

5.4.Delegation of Authority.

5.4.a. The State Fire Marshal shall inspect all temporary and permanent structures in which fireworks are sold. The State Fire Marshal may delegate this responsibility to a local fire department with jurisdiction over the structure, subject to the policies and procedures of the State Fire Marshal.

5.4.b. This rule does not affect the authority of the governing body of a municipality to prohibit or regulate the use of consumer fireworks within its boundaries.

W. Va. Code R. § 103-4-5