H. B. 2393
(By Mr. Speaker, Mr. Kiss, and
Delegates
Leach, Hubbard, Underwood,
Heck and Johnson)
[Introduced January 14, 1998; referred to the
Committee on Industry and Labor.]
A BILL to amend article three, chapter twenty-nine of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-three-a, relating to precautionary requirements to be
followed by commercial establishments that store and offer
fireworks for sale; requirements specifically related to
existing establishments that offer fireworks for sale
indoors; requirements specifically related to establishments
that will commence operations indoors on or after the first
day of January, one thousand nine hundred ninety-eight;
requirements specifically related to the sale of fireworks
outdoors; requirements related to the storage of fireworks;
and providing criminal penalties for violations of the
section.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-three-a, to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-23a. Safe handling requirements for commercial establishments involved in the sale and storage
of fireworks.
(a) Fireworks displayed inside existing facilities. --
(1) Any display for fireworks being sold inside a building
shall be displayed in a showcase of glass or other transparent
and fireproof or fire resistant material. The showcase shall
remain locked until such time that a sale is made, and all other
fireworks remaining on the premises shall, otherwise, remain out
of sight and reach of customers and the public at large.
(2) Sales of fireworks may only occur under the direct
supervision of a person knowledgeable and competent in the safe
handling of fireworks. The person shall be at least twenty-one
years of age and he or she shall, additionally, have knowledge
concerning the types of fireworks offered for sale on the
premises and any safety precautions related to the handling
thereof that are recommended by the manufacturer of fireworks or
by any other authoritative source. He or she shall, additionally, have a reasonable understanding concerning any
legal requirements related to the handling, transport and storage
of fireworks mandated by any governmental entity with
jurisdiction over the premises. He or she shall, further, be
responsible for ensuring that such requirements are enforced and
that the particular establishment offering fireworks for sale is
otherwise in compliance with any legal requirements.
(3) The following are not permitted within twenty-five feet of
any fireworks, whether such fireworks are on display or otherwise
on the premises: (A) Lighted smoking devices; (B) open flames;
(C) spark-producing devices; or (D) heating ducts, devices, or
other equipment or materials that produce heat above seventy-five
degrees Fahrenheit.
(4) Signs shall prominently be posted informing persons of the
existence of fireworks and that smoking is not permitted. The
signs shall consist of letters not less than four inches in
height and shall state "FIREWORKS - NO SMOKING."
(5) Any establishment offering fireworks for sale shall
maintain a minimum of two exits which shall remain unobstructed
at all times during regular business hours. A ten pound A.B.C.
fire extinguisher shall remain easily accessible within six feet
of any fireworks display.
(b) Fireworks inside facilities commencing operations after the first day of January, one thousand nine hundred ninety-eight.
-- Any establishment that commences operations on or after the
first day of January, one thousand nine hundred ninety-eight,
shall meet all requirements, in addition to those contained in
subsection (a), contained in this subsection. The establishment
shall retain on the premises extinguishing equipment, in addition
to that required under subsection (a), a sprinkler system
installed in accordance with the N.F.P.A. thirteen standard for
the installation of sprinkler systems. It shall, additionally,
maintain an emergency lighting system to be used in the event of
any electrical failure. Illuminated exit signs shall appear in
close proximity to all exits. All electrical fixtures shall be
dust ignition proof and all electrical wiring shall comply with
articles 500 and 502 of the N.F.P.A. 70, National Electric Code.
No electrical receptacle or bare or otherwise uncased or unlensed
light fixture is permitted within twenty-five feet of any
fireworks or other pyrotechnic device or composition existing on
the premises. Light fixtures within twenty-five feet of
fireworks or other pyrotechnic devices or compositions shall be
encased in glass or by another fireproof or fire-resistant
material. An electrical disconnect switch shall be located
outside each storage area, configured to deenergize all
electrical power to the premises.
(c) Fireworks located outdoors. -- Establishments offering
fireworks for sale outdoors shall comply with the requirements
set forth in this subsection. No fireworks may be offered for
sale within three hundred feet of the property line of any
church, hospital or school. Nor may fireworks be offered for
sale within fifty feet of any property containing any flammable
liquids contained in dispensers or other storage devices or
facilities. The premises shall be maintained free of all weeds,
dried grass or other combustible materials for a minimum distance
of twenty-five feet in any direction from the outer edge of any
building or structure within which fireworks are stored or
offered for sale. Any display outdoors shall be twenty-five feet
from any right of way, including, but not limited to highways,
streets, driveways, alleys or paths. Displays may be made in
otherwise empty boxes or otherwise empty containers positioned on
a table or booth. Otherwise, displays shall be contained in a
showcase of glass or other transparent and fireproof or
fire-resistant material. Any outdoor display or sales of
fireworks shall be under the direct supervision of a person,
knowledgeable and competent in the safe handling of fireworks
pursuant to the requirements set forth in subsection (a) of this
section. Any tent, including any sidewalls connected thereto,
used to display, house or store fireworks shall comply with N.F.P.A. 701 (Flame-Resistant Textiles and Films). The following
are not permitted within twenty-five feet of any fireworks
located outdoors, whether such fireworks are on display or
otherwise on the premises: (1) Lighted smoking devices; (2) open
flames; (3) spark-producing devices; or (4) heating devices, or
other equipment or materials that produce heat above seventy-five
degrees Fahrenheit. Signs shall prominently be posted informing
persons of the existence of fireworks and that smoking is not
permitted. The signs shall consist of letters not less than four
inches in height and shall state "FIREWORKS - NO SMOKING." A ten
pound A.B.C. fire extinguisher shall remain easily accessible
within six feet of any outdoor fireworks display.
(d) Storage of Fireworks. --
(1)Fireworks intended for sale may be stored in a building,
or in a mobile structure, such as a trailer or semitrailer. Any
storage facility shall be constructed of fire resistant materials
throughout, subject to a two hour fire rating. It shall,
additionally, be weather resistant and theft resistant. All
openings shall be equipped with locking devices and all doors
shall open outward. Exits shall, additionally, be clearly marked
and aisles and exit doors shall be unobstructed by any object or
material. All electrical fixtures contained in any storage
facility shall be dust ignition proof and all electrical wiring shall comply with articles 500 and 502 of the N.F.P.A. 70,
National Electric Code. No electrical receptacle or bare or
otherwise uncased or unlensed light fixture is permitted within
twenty-five feet of any fireworks or other pyrotechnic device or
composition existing on the premises. Light fixtures within
twenty-five feet of fireworks or other pyrotechnic devices or
compositions shall be encased in glass or by another fireproof or
fire-resistant material. An electrical disconnect switch shall
be located outside each storage area, configured to deenergize
all electrical power to the premises.
(2) Storage areas for fireworks shall be under the direct
supervision of a person, knowledgeable and competent in the safe
handling of fireworks pursuant to the requirements set forth in
subsection (a) of this section. Doors shall be secured and
locked at all times.
(3) Stored fireworks shall be maintained in the original
unopened packaging materials in which they arrived from the
manufacturer. All packages and containers containing fireworks
shall be neatly stacked and otherwise stored in a cool and dry
space.
(4) Any tool or device used for opening any package or
container holding fireworks shall be made of nonmetallic material
that is not susceptible to generating sparks upon contact with any other material. All storage areas shall be kept clean, dry,
free of grit, paper, empty packages, rubbish or debris. Brooms
and other cleaning utensils shall be comprised of nonmetallic
materials that are not susceptible to generating sparks upon
contact with any other material.
(5) Prior to any repairs to the interior of any storage
facility, all fireworks shall be removed and the interior shall
be thoroughly cleaned. Prior to any repairs to the exterior of
a storage facility in which any equipment, tools, devices or
materials are to be used which could create a fire hazard, all
fireworks shall be removed from the storage facility and housed
or otherwise stored in a safe and secure area pending such
repairs.
(6) The following are not permitted within twenty-five feet of
any fireworks stored on the premises: (1) Lighted smoking
devices; (2) open flames; (3) spark-producing devices; or (4)
heating devices, or other equipment or materials that produce
heat above seventy-five degrees Fahrenheit. Signs shall
prominently be posted informing persons of the existence of
fireworks and that smoking is not permitted. The signs shall
consist of letters not less than four inches in height and shall
state "FIREWORKS - NO SMOKING." A ten pound A.B.C. fire
extinguisher shall remain easily accessible and prominently located within any storage facility.
(e) Penalty for violation. -- Any person who knowingly
violates any provision of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be confined in the regional
jail facility not more than thirty days, or fined not more than
three thousand dollars, or both confined and fined.
NOTE: The purpose of this bill is to provide safety
requirements for the sale and storage of fireworks by commercial
vendors. The bill sets forth various requirements for the sale
and storage of fireworks both inside current retail
establishments and for those that commence operations after
January 1, 1998. It also provides requirements related to the
safe handling of fireworks in storage while providing for
criminal penalties for violations of the section.
This section is new, therefore, strike-throughs and
underscoring have been omitted.