50.07.220 Sale, Handling and Storage of Consumer Fireworks

The sale, handling and storage of retail sales of consumer fireworks in both new and existing buildings, and permanent or temporary facilities shall comply with NFPA 1124 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles; with Section 65.11 and applicable provisions of NFPA 1 Fire Code; and with this title and Section.

(a) General Requirements for Retail Sales of Consumer Fireworks:

(1) [Professional] Display Fireworks and Pyrotechnic Articles: Retail sales of [professional] display fireworks and pyrotechnic articles, including the related storage and display for sale of such fireworks, shall be prohibited at a consumer fireworks retail store (NFPA 1: 65.11.2.2).

(2) Consumer Fireworks: Retail sales of consumer fireworks, including their related storage and display for sale of such fireworks, shall be in accordance with this title and Section, with Section 65.11 of NFPA 1, and with applicable Federal laws, except for existing businesses, and such businesses shall be grandfathered in to maintain its business location as of June 25, 2020. (Reference NFPA 1: 65.11.2.2).

(3) Prohibited Explosive Devices: Retail sales of certain explosive devices, prohibited by the Child Safety Act of 1966, including the related storage and display for sale of such devices, shall be prohibited at a consumer fireworks retail facility or store (NFPA 1: 65.11.2.3).

(4) [Explosive] Pest Control Devices: The retail sales of [explosive] pest control devices, including their related storage and display for sale, shall be prohibited (NFPA 1: 65.11.2.4).

(5) Noncomplying Fireworks: The retail sales of fireworks that do not comply with the regulations of the U.S. Consumer Products Safety commission as set forth in 16 CFR Part 1500 and 1507; and, the regulations of the U.S. Department of Transportation as set forth in 49 CFR Part 100 to 178, including their related storage and display for sale, shall be prohibited (NFPA 1: 65.11.2.5).

(6) Life Safety: Any building or structure used for the retail sales of consumer fireworks, including their related storage, shall comply with NFPA 101 Life Safety Code® for mercantile occupancies, except as provided herein (NFPA 1: 65.11.2.6).

(b) Permit Requirements:

(1) The Turtle Mountain Band of Chippewa Indians shall be authorized to require and administer a permit system for the sales, handling, and storage of consumer fireworks; and, for the construction, erection or operations of permanent or temporary buildings or facilities to sell, handle or store consumer fireworks.

(2) A charge or fee for the permit(s) may be assessed and such funds shall revert back to the Turtle Mountain Fire & Rescue Department.

(3) Gross failure or refusal to abide by fire safety provisions of this title and Section shall be cause for revocation of such permit(s) and disqualification from future permits.

(4) TERO fees and regulations may apply.

(5) It shall be required for vendors of consumer fireworks sales, handling and storage facilities, to pass a fire and life safety inspection by the Turtle Mountain Fire & Rescue Department's authorizing official, before permits are issued.

(c) Fire Protection – Automatic Sprinkler System:

(1) An automatic fire extinguishing system shall be required and shall be installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, and shall be provided in permanent consumer fireworks retail facilities greater than six-thousand square feet (6,000 ft³) (NFPA 1: 65.11.5.1.1).

(2) The waterflow alarm device shall be arranged to activate audible and visual alarms throughout the facility in accordance with NFPA 72® National Fire Alarm Code® (NFPA 1: 65.11.5.1.2).

(d) Fire Protection – Portable Fire Extinguishers: The requirements for fire extinguishers in facilities selling, handling or storing consumer fireworks shall be in accordance with NFPA 1: 65.11.5.2.1; NFPA 10 Portable Fire Extinguishers; and as follows:

(1) Specification: Portable fire extinguishers in facilities used for sales, handling and storage of consumer fireworks shall be specified as required for Extra (High) Hazard Occupancies in accordance with NFPA 10, Standard for Portable Fire Extinguishers. The minimum rated dry chemical fire extinguisher shall be 4A: 80BC rated (10# ABC).

(2) Minimum Number: Every consumer retail fireworks facility shall have not less than two (2) portable fire extinguishers as described below:

(A) At least one water type (water, hand pump tank, foam) fire extinguisher of at least 2-1/2 gallons capacity, UL rated not less than 2-A.

(B) In addition to a water type fire extinguisher, at least one multipurpose type dry chemical fire extinguisher of at least 10 pounds capacity (10#ABC), UL rated not less than 4A: 80BC.

(C) Exception: In unheated warehouses or sheds (subject to freezing) storing consumer fireworks, a second 4A: 80BC UL rated (10# ABC) dry chemical fire extinguishers shall be required in lieu of a water type fire extinguisher.

(3) Location – Travel Distance:

(A) Portable fire extinguishers for permanent consumer retail sales facilities and stores shall be located so that the maximum distance of travel does not exceed seventy-five feet (75') as specified in NFPA 10 Standard for Portable Fire Extinguishers (NFPA 1: 65.11.5.2.3.1).

(B) Portable fire extinguishers for temporary consumer retail sales facilities shall be located so that the maximum distance of travel does not exceed thirty-five feet (35') (NFPA 1: 65.11.5.2.3.2).

(e) Fire Alarms:

(1) When required by the NFPA 101® Life Safety Code®, a fire alarm system shall be provided and maintained [in permanent consumer fireworks retail facilities] (NFPA 1: 65.11.5.3.1).

(2) In permanent consumer fireworks retail facilities greater than 3000 square feet and in Class B stores a public address system or a means for manually activating audible and visual alarm indicating devices throughout the facility in accordance with NFPA 72 National Fire Alarm Code®, shall be provided at a constantly attended location when the facility or store is occupied (NFPA 1: 65.11.5.3.2).

(3) Smoke Alarms: The Turtle Mountain Fire & Rescue Department shall be authorized to require Vendors to install and maintain UL® listed single station smoke alarm(s) in any building or facility, or portion or room thereof that sells, handles or stores consumer fireworks (that is not already equipped with a fire detection system). Exception: Unheated storage buildings subject to freezing and open fireworks stands. This is to ensure that a fire in a consumer fireworks sales, handling and storage facilities not equipped with a fire detection system as per NFPA 72 is more likely to be discovered while still small, thereby protecting the lives of employees, customers, and responding firefighters.

(f) Fire Department Access [to Fireworks Retail Facilities]: Any portion of an exterior wall of a building, sidewall of a tent, or other defined perimeter of a consumer fireworks retail facility shall be accessible within 150 feet of a public way or an approved fire apparatus access (NFPA 1: 65.11.6.1).

(g) Clearance to Combustibles: The area located within thirty feet (30') of a consumer fireworks retail sales facility shall be kept clear of accumulated dry grass, dry brush, and combustible debris (NFPA 1: 65.11.6.2).

(h) Parking [near consumer fireworks sales facilities]: No motor vehicle or trailer used for the storage of consumer fireworks shall be parked within ten feet (10') of a consumer fireworks retail facility, except when delivering, loading, or unloading fireworks and other merchandise and materials used, stored, or displayed for sale in the facility (NFPA 1: 65.11.6.3).

(i) Fireworks Discharge:

(1) Fireworks shall not be ignited, discharged, or otherwise used within three-hundred feet (300') of a consumer fireworks retail facility or store (NFPA 1: 65.11.6.4.1).

(2) At least one sign that reads as follows, in letters at least four inches (4") high on a contrasting background, shall be conspicuously posted on the exterior of each side of the consumer fireworks retail facility: NO FIREWORKS DISCHARGE WITHIN 300 FEET (NFPA 1: 65.11.6.4.2).

(j) "No Smoking" Signs:

(1) Smoking shall not be permitted inside of or within fifty feet (50') of the consumer fireworks retail sales area (NFPA 1: 65.11.6.5.1).

(2) At least one sign that reads as follows, in letters at least two inches (2") high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet (10') of every aisle directly serving the consumer fireworks retail area in a store: FIREWORKS – NO SMOKING (NFPA 1: 65.11.6.5.2).

(k) Separation Distances [From Fireworks Facilities to Adjacent Structures]:

(1) New permanent consumer fireworks retail facilities shall be separated from adjacent permanent buildings and structures as per NFPA 1124 Table 7.7.1.1 or NFPA 1: Table 65.11.7.1.1 (NFPA 1: 65.11.7.1.1).

(2) Existing Facilities: Existing permanent consumer fireworks sales facilities shall be separated from adjacent permanent buildings and structures by not less than ten feet (10') or shall be separated by a wall with a 1-hour fire resistance rating (NFPA 1: 65.11.7.1.2).

(3) Temporary Facilities: Temporary consumer fireworks retail facilities shall be located as specified in Table 65.11.7.2 of NFPA 1 or Table 7.7.2 of NFPA 1124 (NFPA 1: 65.11.7.2).

(l) Separation Distances [ Fireworks Stores to Fuel Dispensing Stations]:

(1) Service Stations: Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following: (NFPA 1: 65.11.7.3.1)

(A) Motor vehicle fuel-dispensing station dispensers (gas/diesel pumps).

(B) Retail propane-dispensing (LPG) station dispensers.

(C) Aboveground and storage tanks for flammable or combustible liquid, flammable gas, or flammable liquefied gas.

(D) Compressed natural gas (CNG) dispensing facilities.

(E) This shall not apply to existing businesses, and such businesses shall be grandfathered in to maintain its business location as of June 25, 2020.

(2) Bulk Fuel Dispensing Stations: Consumer fireworks retail sales and storage areas shall not be located within three-hundred feet (300') of any aboveground bulk storage or bulk dispensing area for the following: (NFPA 1: 65.11.7.3.2)

(A) Flammable or combustible liquid.

(B) Flammable gas.

(C) Flammable liquefied gas (Propane, LPG, CNG).

(3) Vehicle fuel tanks: Fuel tanks on vehicles or other motorized equipment shall not be considered bulk storage (NFPA 1: 65.11.7.3.3).

(m) Portable Generators: Fuel storage for generators shall be in accordance with NFPA 1: 65.11.11.3 or NFPA 1124: 7.7.3.4) (NFPA 1: 65.11.3.4) and as follows:

(1) Portable generators supplying power to consumer retail sales facilities shall use only Class II or Class III combustible liquid fuels (diesel-power); except that portable generators shall be permitted to use Class I flammable liquids (gasoline, unleaded, ethanol, E-85) as fuel, provided the quantity of such fuel is limited to two (2) gallons (NFPA 1: 65.11.11.3.4).

(2) Generators shall not be located closer than twenty feet (20') from the consumer retail sales facility (NFPA 1: 65.11.11.3.2).

(3) Generator fuels shall be stored not less than twenty feet (20') from the consumer fireworks sales facility (NFPA 1: 65.11.11.3.5).

(4) The quantity of combustible liquid generator fuel shall be limited to not more than five (5) gallons (NFPA 1: 65.11.11.3.3) unless located not less than fifty feet (50') from the consumer fireworks retail facility (NFPA 1: 65.11.11.3.6).

(5) Fuel storage for portable generator use shall be required to be stored in UL/FM listed or approved flammable and combustible liquid "safety cans". Fuel containers shall be labelled according to their contents (i.e. UNLEADED or DIESEL).

(n) Means of Egress.

(1) General: Means of egress in consumer fireworks retail facilities shall comply with the applicable requirements of NFPA 101 Life Safety Code, as amended by NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1) and as follows:

(2) Retail Stores Selling Consumer Fireworks: Means of egress in [general, grocery, convenience] stores where the retail sales of consumer fireworks are conducted shall [also] comply with NFPA 101 Life Safety Code, unless otherwise specified in NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1.1).

(3) Tents & Membrane Structures: Means of egress in tents and membrane structures used for consumer fireworks retail sales shall comply with [both] NFPA 101 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents and Membrane Structures, as modified by NFPA 1: 65.11.8 (NFPA 1: 65.11.8.1.2).

(o) Fire Safety and Evacuation Plans.

(1) Approved fire safety and evacuation plans shall be prepared by the owner or operator of the consumer fireworks retail sales facility or store in consultation with the Turtle Mountain Fire & Rescue Department. (Ref. NFPA 1: A.65.11.8.2).

(2) The required approved fire safety and evacuation plan shall be maintained in writing and maintained current (NFPA 1: 65.11.8.2.1).

(3) The evacuation plan shall be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the facility (NFPA 1: 65.11.8.2.2).

(4) An approved fire safety and evacuation plan shall not be required for temporary [outdoor] fireworks retail stands (NFPA 1: 65.11.8.2.3).

(p) Number of Exits [ in retail consumer fireworks stores]:

(1) Permanent Fireworks Stores: The minimum number of exits provided from the retail sales area shall not be less than three (3) or as determined in accordance with NFPA 101 Life Safety Code (NFPA 1: 65.11.8.3.1).

(2) Convenience Stores & Temporary Sales: Retail sales areas within Class C [convenience] stores in which consumer fireworks retail sales are conducted; and, temporary consumer fireworks retail stands shall have a minimum of two (2) exits (NFPA 1: 65.11.8.3.2).

(q) Egress Travel Distance.

(1) Exits provided for the retail sales areas of tents, membrane structures, canopies, and permanent consumer fireworks retail stores, including C-stores, shall be located so that the maximum egress travel distance, measured from the most remote point to an exit along the natural and unobstructed path of egress travel, shall not exceed seventy-five feet (75') (NFPA 1: 65.11.8.4.1).

(2) Exits provided for temporary fireworks retail sales stands shall be arranged so that the maximum egress travel does not exceed thirty-five feet (35').

(r) Aisles. Aisles serving as a portion of the exit route in consumer fireworks retail facilities or within the consumer fireworks retail sales area of a store shall be maintained unobstructed at all times the facility is occupied, with a minimum clear width of forty-eight inches (48"). (Ref. NFPA 1: 65.11.8.5, NFPA 1: 65.11.8.5.1.1, NFPA 1: 65,11,8,5,1,2).

(s) Aisle Arrangements. Aisle arrangements in consumer retail fireworks stores and fireworks sold in convenience stores shall comply with the aisle arrangements in NFPA 1 65.11.8.5.3 and as follows:

(1) Not less than one aisle shall be provided and arranged so that travel along the aisle leads directly to an exit (NFPA 1: 65.11.8.5.3.1).

(2) Other required exits shall be located at, or within ten feet (10') of, the end of an aisle or cross aisle (NFPA 1: 65.11.8.5.3.2).

(3) Aisles shall terminate at an exit, another aisle, or a cross aisle (NFPA 1: 65.11.8.5.3.3).

(4) Dead-end aisles shall be prohibited (NFPA 1: 65.11.8.5.3.4).

(t) Doors and Doorways. Doors and doorways in any store where consumer fireworks are sold shall comply with NFPA 1: 65.11.8.6 and as follows:

(1) Minimum Width: Egress doors shall not be less than thirty-six inches (36") in width (NFPA 1: 65.11.8.6.1).

(2) Tents: Exit openings from tents shall have a clear opening width of not less than forty-four inches (44") NFPA 1: 65.11.8.6.2).

(3) Panic Hardware Required: For other than temporary consumer fireworks retail stands where the interior is not accessible to the public, every egress door that has a latching device shall be provided with panic hardware complying with NFPA Life Safety Code® (NFPA 1: 65.11.8.6.4).

(4) Doors to open outwards: Means of egress doors shall be of the side-hinge type and shall be arranged to open in the direction of egress travel [outwards] (NFPA 1: 65.11.8.6.5).

(u) Exit Signs and Emergency Lighting. Exit signs and emergency lighting in any facility where consumer fireworks are sold or handled shall comply with NFPA 101 and as follows:

(1) Exits shall be marked by an approved exit sign in accordance with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.1.1).

(2) Exit signs shall be required to be self-luminous or internally or externally illuminated (NFPA 1: 65.11.9.1.2). Exception: Tents or stands that are not open for business after dark (NFPA 1: 65.11.9.1.3).

(3) Exit Routes to be illuminated: The means of egress, including the exit discharge, shall be illuminated whenever the facility is occupied in accordance with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.2.1).

(4) Emergency Lighting: Emergency lighting shall be provided for consumer fireworks retail sales facilities and stores and shall comply with NFPA 101 Life Safety Code® (NFPA 1: 65.11.9.2.2). Exception: Tents or stands that are not open or accessible to the public after dark (NFPA 1: 65.11.9.2.3).

(v) Retail Sales Displays [of Consumer Fireworks. Displays of consumer fireworks in any store shall comply with NFPA 1: 65.11.10 and as follows:

(1) To provide for [safe] visual access of the retail sales area by the employees and customers; partitions, counters, shelving, cases, and similar dividers shall not exceed six feet (6') in height above the floor surface inside the perimeter of the sales area (NFPA 1: 65.11.10.2). This shall include other merchandise or other fixtures in the fireworks display area (NFPA 1: 65.11.10.2.1).

(2) Where located along the perimeter [walls] of the retail sales area, the maximum height of sales displays shall be limited to twelve feet (12') (NFPA 1: 65.11.10.2.2).

(3) In temporary sales stands where the interior is not accessible to the public, the maximum height of sales displays shall be limited to eight feet (8') (NFPA 1: 65.11.10.2.3).

(w) Flame Breaks. Flame Breaks shall be required in consumer fireworks display areas to be constructed, arranged and located in accordance with NFPA 1: 65.11.10.3, in compliance with NFPA 1124 7.10.3 Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles®. Exception: Temporary consumer fireworks sales stands where the interior is not accessible to the public (NFPA 1: 65.11.10.3.10). Refer to Section 65.11.10.3 of the NFPA 1 Uniform Fire Code Handbook® as a guide.

(x) Covered Fuses. Only consumer fireworks meeting the criteria for covered fuses as defined in Section 3.3 or 65.11.10.4.1 of NFPA 1 shall be permitted in a facility in which the retail sales of consumer fireworks are conducted (NFPA 1: 65.11.10.4). (Fuse not accessible unless the package(s) are punctured, torn, unsealed or broken open as per NFPA 1: 65.11.10.4.1).

(y) Sales in Stores. Consumer fireworks displayed for sale in stores shall comply with the following (NFPA 1: 65.11.10.5):

(1) Such fireworks shall be under the visual supervision of a store employee or other responsible party while the store is open to the public.

(2) Such fireworks shall be packaged fireworks merchandise.

(3) Such fireworks shall be packaged and displayed for sale in such a manner that will limit travel distance of ejected pyrotechnical components if ignition of the fireworks occurs.

(4) Where consumer fireworks meeting the requirements of C.3.1.2 or C.3.1.3 of NFPA 1124 for aerial devices and audible ground devices, respectively, are sold, such devices shall be displayed for sale in an area of the store that is physically separated from the rest of the store in such a manner that restricts entry of the public; and, the area shall be provided by not less than two (2) means of egress so located, that there is no common path of travel and the distance to reach an egress point does not exceed thirty-five feet (35').

(5) Aerial devices shall be packaged and displayed for sale in such a manner that will limit travel distance of ejected pyrotechnic components if ignition of the fireworks occurs (NFPA 1: 65.11.10.6).

(6) Combustible materials and merchandise shall not be stored directly above the consumer fireworks (NFPA 1: 65.11.10.7).

(z) Electrical Equipment. All electrical equipment, wiring and installation in consumer fireworks facilities and stores shall comply with NFPA 70 National Electrical Code®, NFPA 1 Uniform Fire Code® 65.11.11.1 and with this title and Section 50.07.170Electrical Fire Hazards.

(aa) Heating Sources. Heating units in consumer fireworks facilities and stores selling consumer fireworks shall comply with NFPA 1: 65.11.11.2 and as follows:

(1) Heating units shall be listed [UL] and shall be used according to their listing (NFPA 1: 65.11.11.2.1).

(2) Temporary heating sources shall have tip-over and temperature-overheat protection (NFPA 1: 65.11.11.2.2).

(3) Open-flame and exposed-element heating devices shall be prohibited (NFPA 1: 65.11.11.2.3).

(4) Adequate clearance shall be maintained from heaters and portable heating appliances. For portable heaters, the required clearance shall be a minimum of three feet (3'). Portable heaters shall be unplugged when the room is not occupied. Portable heaters shall not block or impede egress routes or doorways.

(bb) Cooking Equipment.

(1) Cooking equipment of any type shall not be permitted within twenty feet (20') of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks (NFPA 1: 65.11.11.4.1).

(2) Open-flame cooking equipment of any type shall not be permitted within fifty feet (50') of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks (NFPA 1: 65.11.11.4.1).

(cc) Operations – Means of Egress Kept Clear. Means of egress including, but not limited to aisles, doors, and exit discharges, shall be kept clear at all times when the building or facility is occupied. (NFPA 1: 65.11.12.1.1).

(dd) Housekeeping.

(1) Consumer fireworks retail sales areas and storage rooms shall be kept free of accumulations of debris and rubbish (NFPA 1: 65.11.12.5.1).

(2) Any loose pyrotechnic composition shall be removed immediately (NFPA 1: 65.11.12.5.2).

(3) Vacuum cleaners and other mechanical cleaning devices shall not be used. (NFPA 1: 65.11.12.5.3).

(4) Brooms, brushes and dustpans used to sweep up any loose powder or dust shall be made of non-sparking materials (NFPA 1: 65.11.12.5.4).

(5) Consumer fireworks devices that are damaged shall be removed and not offered for sale (NFPA 1: 65.11.12.5.5).

(ee) Training. All personnel handling consumer fireworks shall receive safety training related to the performance of their duties (NFPA 1: 65.11.12.6).

(1) Fire Extinguisher Training and Incipient Level Firefighting Procedures.

(2) Fire Evacuation Procedures.

(3) Any required OSHA training under 29 CFR 1910.

(4) Any required training as per the U.S. Department of Transportation.

(ff) Under the Influence. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs (NFPA 1: 65.11.12.7).

(gg) Sales to Minors. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person under the age of fourteen (14) years of age.

(hh) Prohibited Sales during Fire Season. The sale of consumer fireworks shall be prohibited during the normal Fire Season from April through May and from September through October; or, at any time that the sale and use of fireworks is prohibited by a tribally declared Drought Emergency or Burn Ban / Fire Emergency Declaration.

(ii) Permitted Sale Season. Fireworks may be sold June 1st through July 5th at 11:59 p.m. and between December 26^th through January 1st at 11:59 p.m.