Fire Prevention Code

Title 29 DEPARTMENT OF STATE POLICE

Subtitle 06 FIRE PREVENTION COMMISSION

07 Ground Based Sparkling Devices

Authority: Public Safety Article, §§6-206 and 10-109,

Annotated Code of Maryland

 .01 Purpose.

This chapter establishes minimum requirements for the wholesale, retail sale, and distribution of ground-based sparkling devices.

.02 Application and Scope.

A. This chapter applies to the wholesale, retail sale, and distribution of ground-based sparkling devices.

B. This chapter does not apply to a municipal corporation or county which has adopted more stringent regulations.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Class C mercantile occupancy" means a mercantile occupancy of not more than 3,000 square feet gross area used for sales purposes on one story only, excluding mezzanines.

(2) "Ground-based sparkling device" means a device that is:

(a) Nonaerial;

(b) Nonexplosive; and

(c) Labeled in accordance with the requirements of the U.S. Consumer Products Safety Commission.

(3) "Open-air mercantile operation" means an operation conducted outside of all structures, with the operations area devoid of all walls and roofs except for small, individual, weather canopies.

(4) "Prepackaged ground-based sparkling device merchandise" means ground-based sparkling device items or groups of ground-based sparkling device items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer.

.04 Registration of Distributors and Wholesalers.

A. A distributor or wholesaler of sparklers or sparkling devices that intends to conduct business in the State, or sells, ships, or assigns for sale in the State the products of the distributor or wholesaler, shall register annually with the Office of the State Fire Marshal on forms prescribed by the State Fire Marshal.

B. Registration forms may be obtained at the Office of the State Fire Marshal Headquarters, 300 East Joppa Road, Suite 1002, Towson, MD 21286 and at State Fire Marshal installations throughout the State.

C. Completed registration forms and a nonrefundable annual fee of $750 shall be forwarded to the Office of the State Fire Marshal Headquarters.

D. Upon confirmation of registration, the registrant shall submit to the Office of the State Fire Marshal a list of all retail sales facilities located in the State receiving ground-based sparkling devices for sale to the general public and the locations of the facilities.

.05 Sales and Storage of Ground-Based Sparkling Devices.

A. Wholesalers and distributors of ground-based sparkling devices shall comply with Section 1-16 "Permits and Approvals" of NFPA 1 Fire Prevention Code as incorporated by reference in COMAR 29.06.01.

B. Buildings or Structures Containing Ground-Based Sparkling Devices for Sale or Distribution.

(1) Ground-based sparkling devices may be sold or distributed in any of the following buildings or structures:

(a) Permanent buildings or structures constructed in accordance with the codes enforced by the authority having jurisdiction;

(b) Tents, canopies, or temporary membrane structures complying with NFPA 1 Fire Prevention Code as incorporated by reference in COMAR 29.06.01;

(c) Temporary structures measuring 800 square feet or less, constructed in accordance with this chapter; and

(d) Temporary ground-based sparkling device sales or distribution stands greater than 800 square feet in area which meet the requirements for a permanent structure.

(2) Location.

(a) Except as provided in §B(2)(b) of this regulation, a building or structure under §B of this regulation may not be located within 100 feet of any flammable liquid, flammable gas, or combustible liquid fuel dispensing or storage facility.

(b) A building or structure that uses 5 percent or less of its gross sales or distribution floor area for ground-based sparkling devices may be located 50 feet or more from a flammable liquid, flammable gas, or combustible liquid fuel dispensing or storage facility.

(3) Buildings and structures used for the sale, distribution, or storage of ground-based sparkling devices:

(a) Shall be nonresidential; and

(b) May not exceed one story.

C. All storage of ground-based sparkling devices:

(1) Shall be secured to prevent unauthorized access by the public;

(2) May not be located in direct sunlight; and

(3) May not exceed 5 percent of the basement floor area if located in a basement.

D. Ground-based sparkling devices sales and distribution facilities may not be located in basements.

.06 Quantities.

A. Except for permanent buildings and structures used exclusively for sale and distribution of ground-based sparkling devices, permanent buildings and structures may not have more than 5 percent of their gross sales or distribution floor area for ground-based sparkling devices display.

B. Open-air mercantile operations may not exceed:

(1) 200 pounds pyrotechnic composition; or

(2) If the pyrotechnic composition weight is not known, 800 pounds gross weight.

.07 Displays.

A. All ground-based sparkling devices merchandise offered for sale or distribution shall be prepackaged with a packaging arrangement which completely encapsulates the ground-based sparkling device item or items with paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. The encapsulation shall ensure that an individual must puncture, tear, unseal, or break open the package, or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual ground-based sparkling device item to expose its fuse.

B. A display may not exceed 3,000 square feet unless the building or structure in which it is located is protected throughout by an approved automatic sprinkler system.

C. Height and Clearance. Ground-based sparkling devices on display or located on shelves, counters, or other fixtures may only be displayed with at least an 18-inch clearance from the ceiling and as follows:

(1) Within the sales or distribution area but not along the perimeter, not higher than 6 feet above the floor surface;

(2) Along the perimeter of the sales or distribution facility, not higher than 12 feet above the floor surface; and

(3) In temporary sales or distribution stands where the interior is not accessible to the general public, not higher than 8 feet from the floor surface.

.08 Fire Protection.

A. Portable fire extinguishers shall be installed as required for extra-hazard occupancy protection and shall comply with NFPA 1 Fire Prevention Code as incorporated by reference in COMAR 29.06.01.

B. Portable fire extinguishers for temporary sales or distribution stands shall be installed and located so that the maximum distance of travel required to reach an extinguisher does not exceed 35 feet.

.09 Means of Egress.

A. Means of egress in ground-based sparkling devices sales or distribution facilities shall comply with the requirements of NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this regulation.

B. Means of egress in tents and membrane structures used for the sales or distribution of ground-based sparkling devices shall comply with NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, unless otherwise modified by this regulation.

C. Customers may not be permitted inside a temporary sales or distribution stand unless it complies with the means of egress requirements of this regulation.

D. An approved fire safety and evacuation plan:

(1) Shall be in writing;

(2) Shall be maintained current;

(3) 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; and

(4) Is not required for temporary ground-based sparkling devices sales or distribution stands.

E. A sales or distribution area shall have:

(1) Except as provided in §E(2) of this regulation, a minimum of three exits or as determined in accordance with NFPA 101 Life Safety Code, as adopted by reference in COMAR 29.06.01, whichever number is greater; and

(2) For Class C mercantile occupancies, in which ground-based sparkling devices sales or distribution are conducted, and temporary ground-based sparkling devices sales or distribution stands, a minimum of two exits.

F. Exits provided for:

(1) The sales or distribution area of tents, membrane structures, canopies, and permanent ground-based sparkling devices sales or distribution facilities, including Class C mercantile occupancies, 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 does not exceed 75 feet; and

(2) Temporary ground-based sparkling devices sales or distribution stands shall be arranged so that the maximum egress travel distance does not exceed 35 feet.

G. Aisles serving as a portion of the exit access in ground-based sparkling devices sales or distribution facilities or within the sales or distribution area of a mercantile occupancy shall comply with the following requirements:

(1) Aisles shall have a minimum clear width of 48 inches;

(2) In temporary ground-based sparkling devices sales or distribution stands where the interior is not accessible to the public, the minimum clear width of the aisle may not be less than 28 inches;

(3) At least one aisle shall be provided which allows travel directly to an exit;

(4) Other required exits shall be located at, or within 10 feet of the end of, an aisle or cross-aisle;

(5) Aisles shall terminate at an exit, another aisle, or a cross-aisle;

(6) An aisle may not terminate in a dead-end;

(7) Where more than one aisle is provided, not less than one cross-aisle shall have an unobstructed connection with every aisle, other than cross-aisles;

(8) Cross-aisle connections shall be provided for each aisle at intervals not greater than 50 feet as measured along the aisle; and

(9) Where cross-aisles are required, at least one cross-aisle shall have at least one end terminate at, or within 10 feet of, an exit.

H. Doors and doorways used in the means of egress shall comply with the following requirements:

(1) Egress doors shall be at least 36 inches in width and provide a minimum of 32 inches clear width;

(2) Egress doors provided for temporary ground-based sparkling devices sales or distribution stands where the interior is not accessible to the public shall be at least 28 inches in width;

(3) Exit openings from tents shall have a clear opening width of at least 44 inches;

(4) For other than temporary ground-based sparkling devices sales or distribution stands where the interior is not accessible to the public, every egress door that has a latching device shall have panic hardware complying with NFPA 101 Life Safety Code, as incorporated by reference in COMAR 29.06.01; and

(5) Means of egress doors shall be:

(a) The side-hinge swinging type; and

(b) Arranged to swing in the direction of egress travel.

I. Exits shall be marked by an approved exit sign in accordance with NFPA 101 Life Safety Code, as incorporated by reference in COMAR 29.06.01, and exit signs:

(1) Shall be self-luminous or internally or externally illuminated; and

(2) Are not required to be illuminated in:

(a) Tents or temporary ground-based sparkling devices sales or distribution stands that are not open for business after dusk; or

(b) Temporary ground-based sparkling devices sales or distribution stands where the interior is not accessible to the public.

J. The means of egress, including the exit discharge, shall be illuminated whenever the facility is occupied in accordance with NFPA 101 Life Safety Code, as incorporated by reference in COMAR 29.06.01, and:

(1) Emergency lighting shall be provided for ground-based sparkling devices sales or distribution facilities and shall comply with NFPA 101 Life Safety Code, as incorporated by reference in COMAR 29.06.01; but

(2) Emergency lighting is not required in:

(a) Tents or temporary ground-based sparkling devices sales or distribution stands that are not open for business after dusk; or

(b) Temporary ground-based sparkling devices sales or distribution stands where the interior is not accessible to the public.

.10 Sources of Ignition.

A. Smoking or open flame devices are prohibited inside or within 50 feet of a ground-based sparkling device sales or distribution facility.

B. Electrical wiring shall be in accordance with NFPA 1 Fire Prevention Code as incorporated by reference in COMAR 29.06.01.

C. Ground-based sparkling devices may not be ignited, discharged, or otherwise used within 100 feet of a ground-based sparkling device sales or distribution facility.

D. Cooking equipment of any type is prohibited within 20 feet of the exterior of stands, tents, canopies, or membrane structures used for the storage, sale, or distribution of ground-based sparkling devices.

E. Open flame cooking equipment of any type is not permitted within 50 feet of the exterior of stands, tents, canopies, or membrane structures used for the storage, sale, or distribution of ground-based sparkling devices.

.11 Site Requirements.

A. Any portion of an exterior wall of a building, sidewall of a tent, or other defined perimeter of a ground-based sparkling device sales or distribution facility shall be accessible within 150 feet of a public way or an approved fire apparatus access.

B. Except when delivering, loading, or unloading ground-based sparkling devices or other merchandise and materials used, stored, or displayed for sale or distribution in the facility, a motor vehicle or trailer may not be parked within 10 feet of a temporary ground-based sparkling device sales or distribution facility.

C. Buildings and structures used for the sale, distribution, or storage of ground-based devices may not have loose or piled combustible material, weeds, or long grass within 30 feet of the exterior.

.12 Temporary Heating Sources.

A. Temporary heating units shall be:

(1) Listed by a testing laboratory approved by the Office of the State Fire Marshal; and

(2) Used in accordance with their listing.

B. Temporary heating sources shall have tip-over and temperature overheat protection.

C. Open flame and exposed element heating devices are prohibited.

.13 Generators.

A. Scope. This regulation does not limit the type and quantity of fuel for generators and their fuel storage located not less than 50 feet from the exterior of the sales or distribution facility.

B. Generators using flammable or combustible liquid or gas fuels supplying power to ground-based sparkling devices sales or distribution facilities may not be located less than 20 feet from the exterior of the sales or distribution facility.

C. Combustible and flammable liquid generator fuel may not:

(1) Exceed 5 gallons; or

(2) Be stored less than 20 feet from the exterior of a sales or distribution facility.

D. Flammable gas generator fuel may not:

(1) Exceed 20 pounds; or

(2) Be stored less than 20 feet from the exterior of a sales or distribution facility.

.14 Personnel.

A. At least one individual 18 years old or older shall be:

(1) Present at all times in sales and distribution facilities during the hours of sale and distribution to the public; and

(2) Responsible for supervision of the facility and its operation.

B. All personnel handling ground-based sparkling devices shall be 16 years old or older.

C. All personnel handling ground-based sparkling devices shall receive safety training related to the performance of their duties. Training shall include, but not be limited to, safe handling instructions, emergency procedures, and the use of portable fire extinguishers.

D. The distributor shall provide detailed safe handling instruction guidelines for sales and distribution personnel with all packing information for ground-based sparkling devices.

E. The distributor shall provide the retailer with a list of ground-based sparkling devices approved for sale by the Office of the State Fire Marshal.

F. Personnel selling or distributing ground-based sparkling devices may not knowingly sell or distribute ground-based sparkling devices to an individual obviously under the influence of alcohol or drugs.

G. Personnel may not sell ground-based sparkling devices to a person younger than 16 years old as set forth in Public Safety Article, §10-112, Annotated Code of Maryland.

.15 Signs.

A. In facilities used exclusively for the sale or distribution of ground-based sparkling devices, a sign reading "PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER THE SUPERVISION OF, A RESPONSIBLE PERSON AT LEAST 18 YEARS OLD" shall be conspicuously posted in letters not less than 1 inch high, on a contrasting background, at each entrance to the sales or distribution facility to which the general public has access to the interior.

B. Where not otherwise required by local or state laws, ordinances, or regulations, a sign reading "NO GROUND-BASED SPARKLING DEVICE SALES OR DISTRIBUTION TO PERSONS UNDER 16 YEARS OLD. PHOTO I.D. REQUIRED" shall be conspicuously posted in letters not less than 1 inch high at:

(1) Each entrance of the sales or distribution facility or in the vicinity of the ground-based sparkling device sales or distribution display; and

(2) The point of sale or distribution.

C. At least one sign reading "NO SMOKING OR OPEN FLAME DEVICES WITHIN 50 FEET", in letters at least 2-inches high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet of every aisle directly serving the ground-based sparkling device sale or distribution display area in the facility.

D. At least one sign reading "NO GROUND-BASED SPARKLING DEVICE DISCHARGE WITHIN 100 FEET", in letters at least 2-inches high on a contrasting background, shall be conspicuously posted in the vicinity of the ground-based sparkling device sales or distribution display, or as otherwise required by the authority having jurisdiction.

E. At least one sign reading "NO GROUND-BASED SPARKLING DEVICE DISCHARGE WITHIN 100 FEET", in letters at least 2-inches high on a contrasting background, shall be displayed on the exterior of a sales or distribution facility, or as otherwise required by the authority having jurisdiction.

.16 Housekeeping.

A. Ground-based sparkling devices sales or distribution areas and storage rooms shall be kept free of accumulations of debris and rubbish.

B. Ground-based sparkling devices that are damaged shall be removed and not offered for sale and any loose pyrotechnic composition shall be removed immediately.

.17 Penalties.

A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of $1,000, imprisonment for not more than 10 days, or both, as set forth in Public Safety Article, §6-601, Annotated Code of Maryland.