28 Tex. Admin. Code § 34.809 - General Requirements, Licenses and Permits

(a) Each firm or person engaged in the manufacture, transportation, storage, wholesale or retail sales of fireworks, public displays utilizing Fireworks 1.3G, pyrotechnic special effects operators, flame effects operators, and pyrotechnic operators shall have an applicable license or permit issued by the state fire marshal.

(1) Licenses by type:

(A) distributor;

(B) jobber;

(C) manufacturer;

(D) pyrotechnic operator;

(E) pyrotechnic special effects operator, and

(F) flame effects operator.

(2) Permits by type:

(A) retailer;

(B) single public display;

(C) agricultural;

(D) industrial;

(E) wildlife control; and

(F) multiple public display.

(b) Each license or permit shall indicate the act or acts authorized.

(c) All required licenses and permits shall be made available for inspection at the facility for which it was issued. The original permit shall be posted at all retail locations for which such permit was issued.

(d) License and permit holders shall take every reasonable precaution to protect their license or permit documents from loss, theft, defacement, destruction, or unauthorized duplication or use. Unauthorized use or duplication shall be reported immediately to the state fire marshal.

(e) All holders of licenses or permits who bulk store fireworks shall have storage and other facilities which conform to these sections.

(f) Each licensee or permittee shall notify the state fire marshal of every location where storage or manufacturing facilities are maintained in Texas.

(g) A specific business location shall be maintained by each licensee or permittee which shall be indicated on the license or permit document.

(h) A person engaging in the business using or storing Fireworks 1.3G must obtain a federal license or permit if required by Title XI, Regulation of Explosives of the Crime Control Act (18 United States Code, Chapter 40).

(i) Licensees and permittees shall have adequate storage facilities which comply with appropriate provisions of § 34.822 and § 34.823 of this title (relating to Storage of Black Powder and Fireworks 1.3G at Other Than Display Sites; Bulk Storage of Fireworks 1.4G).

(j) Licensees and permittees shall comply with the applicable transportation requirements of § 34.825 of this title (relating to Distribution and Transportation).

Notes

28 Tex. Admin. Code § 34.809

The provisions of this §34.809 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571; amended to be effective January 27, 2004, 29 TexReg 637