W. Va. Code R. § 103-4-9

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

Section 103-4-9 - Registration of Manufacturers, Wholesalers and Distributors

9.1. Any person engaged in the manufacturing of fireworks and/or explosive materials in this state must be properly registered with the State Fire Marshal.

9.1.a. To be registered as a manufacturer, a person shall:

9.1.a.1. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

9.1.a.2. Pay the required fee as set forth in §103 C.S.R. 2 et seq.;

9.1.a.3. Provide copies of all required licenses and permits;

9.1.a.4. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits to cover losses, damages or injuries that might result from the manufacturing of explosive materials; and

9.1.a.5. Provide a site plan, a description of the manufacturing process, and any other documentation or information as requested, to provide the State Fire Marshal with sufficient details to allow a meaningful review process.

9.1.b. A manufacturer's registration issued under this Section is not transferrable.

9.1.c. A manufacturer's registration shall be valid for a period of no more than one (1) year.

9.1.d. Manufacturers shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

9.1.e. Manufacturers solely engaged in the manufacture of explosive and/or pyrotechnic materials as contemplated by NFPA 1123, 1124, or 1126, are designated as "limited, site specific" for the purpose of enforcement.

9.1.f. Smoking shall not be permitted in the facility or within 50 feet of the storage facility. Conspicuous signs indicating "FIREWORKS - NO SMOKING" shall be posted at frequent intervals throughout the facility.

9.1.g. 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.

9.2. Any person engaged in the wholesaling or distribution of fireworks and/or explosive materials in this state must be properly registered with the State Fire Marshal.

9.2.a. To be registered as a wholesaler or distributor, a person shall:

9.2.a.1. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

9.2.a.2. Pay the required fee of $500.00;

9.2.a.3. Provide copies of all required licenses and permits; and

9.2.a.4. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits to cover losses, damages or injuries that might result from the wholesale distribution of explosive materials; and

9.2.b. Any wholesaler or distributor may sell at wholesale in this state such fireworks as are not herein prohibited to a resident certified retailer or an out-of-state retailer in accordance with regulation of the United States DOT covering the transportation of explosives and other dangerous articles.

9.2.c. A wholesaler or distributor registration issued under this Section is not transferrable.

9.2.d. A wholesaler or distributor registration shall be valid for a period of no more than one (1) year.

9.2.e. A wholesaler or distributor shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

9.2.f. All sales shall be recorded and shall include the name, address, city, state and zip code, business license number and tax department number of each purchase.

9.2.g. A daily inventory of fireworks shall be maintained for each location in this state.

9.2.h. All vehicles transporting fireworks from a distribution facility in this state shall be placarded in accordance with U.S. DOT requirements. Each vehicle used to transport fireworks shall meet the requirements of NFPA 1124.

9.2.i. Smoking shall not be permitted in the facility or within 50 feet of the storage facility. Conspicuous signs indicating "FIREWORKS - NO SMOKING" shall be posted at frequent intervals throughout the facility.

9.2.j. A fire alarm system with complete smoke detection shall be installed throughout the storage facility in accordance with the State Fire Code (87 C.S.R.1);

9.2.k. Each fire department providing emergency services to any storage facility shall be notified in writing of the existence of the storage facility. The notice shall include information as to the type of explosives and explosive hazards that are stored at the storage facility. Pre-fire planning shall be completed by the fire department prior to operating the facility;

9.2.l. All electrical wiring and fixtures shall meet the requirements of the National Electrical Code, Class II, Group E, Division I locations;

9.2.m. All Heating, Ventilation and Air Conditioning shall meet the requirements of this rule. No open flame heating units are permitted.

9.2.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 and §103C.S.R.2-3 et seq.

W. Va. Code R. § 103-4-9