28 Tex. Admin. Code § 34.808 - Definitions
The following words and terms, when used in this subchapter, must have the following meanings, unless the context clearly indicates otherwise.
(1) Acceptor
building--A building that is exposed to embers and debris emitted from a donor
building.
(2) Agricultural,
industrial, or wildlife control permits--Permits authorizing the holder to use
Fireworks 1.3G for specified purposes in these business activities.
(3) Authorized retail location--A retail
location that complies with the requirements of statute and rules and with a
permit, and that is not prohibited by a local ordinance.
(4) Bare wiring--Any electrical cable or cord
any part of which has the insulating cover broken or removed, exposing bare
wire.
(5) Barricade--A natural or
artificial barrier that will effectively screen a magazine, building, railway,
or highway from the effects of an explosion in a magazine or building
containing explosives. It must be of a height that a straight line from the top
of any side wall of a building, or magazine containing explosives to the eave
line of any magazine, or building, or to a point 12 feet above the center of a
railway or highway, will pass through such natural or artificial
barrier.
(6) Barricade,
artificial--An artificial mound or revetted wall of earth of a minimum
thickness of one foot.
(7)
Barricade, natural--Natural features of ground, such as hills, or timber of
sufficient density that the surrounding exposures that require protection
cannot be seen from the magazine or building containing explosives when the
trees are bare of leaves.
(8)
Barricade, screen type--Any of several barriers for containing embers and
debris from fires and deflagrations in process buildings that could cause fires
and explosions in other buildings. Screen type barricades must be constructed
of metal roofing, one-inch or half-inch mesh screen or equivalent material. A
screen-type barricade extends from the floor level of the donor building to a
height that a straight line from the top of any side wall of the donor building
to the eave line of the acceptor building will go through the screen at a point
not less than five feet from the top of the screen. The top five feet of the
screen are inclined at an angle of between 30 and 45 degrees, toward the donor
building.
(9) Breakaway
construction--A general term that applies to the principle of purposely
providing a weak wall so that the explosive effects can be directed and
minimized. The term "weak wall" as used in these sections refers to a weak wall
and roof, or weak roof. The term "weak wall" is used in a relative sense as
compared to the construction of the entire building. The design strength of the
weak wall will vary as to the building construction, as well as to the type and
quantity of explosive or pyrotechnic materials in the building. The materials
used for weak wall construction are usually light gauge metal, plywood,
hardboard, or equivalent lightweight material, and the material is purposely
selected to minimize the danger from flying missiles. The method of attachment
of the weak wall must be constructed to aid the relief of blast pressure and
fireball.
(10) Bulk storage,
Fireworks 1.4G--The storage of 500 or more cases of Fireworks 1.4G.
(11) Business--The manufacturing, importing,
distributing, jobbing, or retailing of permissible fireworks; acting as a
pyrotechnic operator; conducting multiple public fireworks displays; or using
fireworks for agricultural, wildlife, or industrial purposes.
(12) Buyer--Any person or group of persons
offering an agreed-upon sum of money or other considerations to a seller of
fireworks.
(13) CFR--The Code of
Federal Regulations, a codification of the general and permanent rules
published in the Federal Register by the executive departments and agencies of
the federal government. The Code is divided into 50 titles. The titles are
divided into chapters, which are further subdivided into parts.
(14) Commissioner--The Commissioner of
Insurance.
(15) Department--The
Texas Department of Insurance.
(16)
Donor building--A process building from which embers and burning debris are
emitted during a fire.
(17)
DOT--The United States Department of Transportation (U.S. DOT).
(18) Fireworks plant--All land, and buildings
used for or in connection with the manufacture processing of fireworks. It
includes storage facilities used in connection with plant operation.
(19) Firm--A person, partnership,
corporation, or association.
(20)
Flame effects operator--An individual who, by experience, training, or
examination has demonstrated the skill and ability to safely assemble, conduct,
or supervise flame effects in accordance with §
2154.253,
Occupations Code.
(21)
Generator--Any device driven by an engine and powered by gasoline or other
fuels to generate electricity for use in a retail fireworks stand.
(22) Highway--The paved surface or, where
unpaved, the edge of a graded or maintained public street, public alley, or
public road.
(23) Indoor retail
fireworks site--A retail fireworks site other than a retail stand that sells
Fireworks 1.4G from a building or structure.
(24) Immediate family member--The spouse,
child, sibling, parent, grandparent, or grandchild of an individual. The term
includes a stepparent, stepchild, and stepsibling and a relationship
established by adoption.
(25)
License--The license issued by the state fire marshal to a person or a
fireworks firm authorizing same to engage in business.
(26) Licensed firm--A person, partnership,
corporation, or association holding a current license.
(27) Magazine--Any building or structure,
other than a manufacturing building, used for storage of Fireworks
1.3G.
(28) Manufacturing--The
preparation of fireworks mixes and the charging and construction of all
unfinished fireworks, except pyrotechnic display items made on site by
qualified personnel for immediate use when the operation is otherwise
lawful.
(29) Master electric
switch--Manually operated device designed to interrupt the flow of
electricity.
(30) Mixing
building--A manufacturer's building used for mixing and blending pyrotechnic
composition, excluding wet sparkler mixes.
(31) Multiple public display permit--A permit
issued for the purpose of conducting multiple public displays at a single
approved location.
(32) Nonprocess
building--Office buildings, warehouses, and other fireworks plant buildings
where no explosive compositions are processed or stored. A finished firework is
not considered an explosive composition.
(33) Open flame--Any flame that is exposed to
direct contact.
(34) Outsource
testing service--The testing service selected by the state fire marshal to
administer certain designated qualifying tests for licenses under this
subchapter.
(35) Process
building--A manufacturer's mixing building or any building in which pyrotechnic
or explosive composition is pressed or otherwise prepared for finishing and
assembling.
(36) Public display
permit--A permit authorizing the holder to conduct a public fireworks display
using Fireworks 1.3G, on a single occasion, at a designated location, and
during a designated period.
(37)
Retail fireworks site--The structure from which Fireworks 1.4G are sold and in
which Fireworks 1.4G are held pending retail sale, and other structures,
vehicles, or surrounding areas subject to the care and control of the retailer,
owner, supervisor, or operator of the retail location.
(38) Retail stand--A retail site that sells
Fireworks 1.4G over the counter to the general public who always remain outside
the structure.
(39) Safety
container--A container especially designed, tested, and approved for the
storage of flammable liquids.
(40)
School--Any inhabited building used as a classroom or dormitory for a public or
private primary or secondary school or institution of higher
education.
(41) Selling opening--An
open area, including the counter, through which fireworks are viewed and sold
at retail.
(42) Storage
facility--Any building, structure, or facility in which finished Fireworks 1.4G
are stored, but in which no manufacturing is performed.
(43) Supervisor--A person who is 18 years or
older and who is responsible for the retail fireworks site during operating
hours.
(44) Walk door--An opening
through which retail stand attendants can freely move but which can be secured
to keep the public from the interior of the stand.
Notes
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