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(continued)
3. Bracing damaged. 3. Repair.
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GAUGES
1. Gauges damaged. 1. Repair or replace.
2. Gauge valves turned off. 2. Turn on.
3. System pressure. 3. Record.
4. Supply pressure.
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SPRINKLERS
1. Leaking, corroded or painted. 1. Replace.
2. Flow obstructed. 2. Correct.
3. Installed in incorrect position (upright or 3. Correct.
pendant).
4. Extra sprinklers and wrench not available. 4. Provide.
5. Extra sprinklers not the same orifice size or 5. Provide.
temperature rating as in system.
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GRAVITY TANK, SUCTION TANK AND RESERVOIR SUPPLY
1. Vessel damaged. 1. Repair.
2. Water level inadequate. 2. Fill. Repair.
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PRESSURE TANK SUPPLY
1. Tank damaged. 1. Repair.
2. Water level too high or too low. 2. Fill or drain. Repair.
3. Air pressure level low. 3. Fill. Repair.
4. Valves closed. 4. Open.
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(b) Dry Pipe, Deluge, Pre-Action, Dry-Pipe Pre-Action Combination Systems, Fixed Water Spray Systems,Deluge Foam-Water Sprinkler Systems, Foam Water Spray Systems.
COMPONENT
CHECK POINTS CORRECTIVE ACTIONS
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FIRE DEPARTMENT CONNECTION
1. Inlet caps missing. 1. Inspect interior,
replace.
2. Couplings damaged. 2. Repair or replace.
3. Couplings do not rotate smoothly. 3. Lubricate.
4. Gaskets missing or deteriorated. 4. Replace.
5. Clapper valves do not close completely. 5. Repair.
6. Visible or exterior obstructions. 6. Repair.
7. Not identified. 7. Replace, repair or
install sign.
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CONTROL VALVES
1. Valves leak. 1. Repair.
2. Valve not secured in open position. 2. Open, secure.
3. Visible or exterior obstructions. 3. Remove.
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RISER
1. Leaks. 1. Repair.
2. Visible or exterior obstructions. 2. Remove.
3. Bracing damaged. 3. Repair.
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GAUGES
1. Gauges damaged. 1. Repair or replace.
2. Gauge valves turned off. 2. Turn on.
3. Air pressure. 3. Record.
4. Water pressure. 4. Record.
5. Air supply not in service. 5. Repair.
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SPRINKLERS
1. Leaking, corroded or painted. 1. Replace.
2. Flow obstructed. 2. Correct.
3. Installed in incorrect position (upright or 3. Correct.
pendant).
4. Extra sprinklers and wrench not available. 4. Provide.
5. Extra sprinklers not the same orifice size or 5. Provide.
temperature rating as in system.
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GRAVITY TANK, SUCTION TANK AND RESERVOIR SUPPLY
1. Vessel damaged. 1. Repair.
2. Water level inadequate. 2. Fill. Repair.
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PRESSURE TANK SUPPLY
1. Tank damaged. 1. Repair.
2. Water level too high or too low. 2. Fill or drain. Repair.
3. Air pressure level low. 3. Fill. Repair.
4. Valves closed. 4. Open.
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DETECTION DEVICES
1. Air piping damaged. 1. Repair.
2. Heat actuation devices damaged. 2. Repair or replace.
3. Electrical wiring damaged. 3. Repair.
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FOAM EQUIPMENT
1. Strainers dirty. 1. Clean.
2. Foam level low. 2. Fill.
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Note: Authority cited: Section 13195, Health and Safety Code. Reference: Sections 13195 and 13195.5, Health and Safety Code.
s 904.6. Service Requirements for Automatic Fire Sprinkler Systems.
The following procedures shall be performed at each required service. The servicing concern shall also conduct a full maintenance inspection as outlined in 904.5.
(a) Wet pipe sprinkler system service:
(1) A back flush of the fire department connections shall be conducted to insure that there are no obstructions.
(2) Post indicator valves, underground gate valves and O.S. & Y. valves shall be operated and examined for damage.
(3) A flow shall be conducted using the inspectors test valve. The system's audible device shall activate within 90 seconds of valve opening. All system flow switches shall be activated in accordance with the above provisions.
(4) A main drain test shall be conducted. Record pressure reading with main drain valve closed. Fully open the main drain valve and record the pressure reading. Close the valve and observe how quickly pressure is restored to determine if there are closed valves or obstructions in water supply lines.
(5) A test gauge shall be installed at the test gauge opening in order to determine accuracy of existing gauges.
(6) On systems supplied by gravity tanks, suction tanks and reservoirs the automatic filling system shall be inspected to insure proper operation.
(7) On systems supplied by pressure tank the air pressure gauge and water supply gauge shall be inspected and the automatic filling system shall operate during a system flow.
(8) All supervisory devices on all control valves shall be tested to insure they are functioning properly and that the alarm is transmitting to the appropriate location.
(9) Fire pumps, if any, shall be flow tested. If the pump performance characteristics as tested are more than 10 percent below the manufacturer's certified shop test characteristic curve or as specified on the pump housing, the pump shall be repaired and restored to its original condition. Do not draw residual pressure on pump below 20 p.s.i. when damage to public mains may occur.
(10) Pump supervisory devices shall be tested to insure they are functioning properly and that the alarm is transmitting to the appropriate location.
(b) Dry pipe, deluge, pre-action, dry pipe pre-action combination systems, fixed water spray systems, deluge foam-water sprinkler systems, foam water spray systems service.
(1) A back flush of the fire department connections shall be conducted to insure there are no obstructions.
(2) Post indicator valves, underground gate valves and O.S. & Y. valves shall be operated and examined for damage.
(3) The deluge, pre-action or dry pipe valve shall be inspected to insure it is in proper working order.
(4) An alarm bell test shall be conducted. The systems audible device shall activate within 90 seconds of valve opening. All systems flow switches shall be activated in accordance with the above provisions.
(A) Using the inspector's test on a drypipe, pre-action or deluge system will cause the system to trip. In order to conduct an alarm bell test,use the alarm test line on a drypipe, pre-action, or deluge system.
(5) A main drain test shall be conducted. Record pressure reading with main drain valve closed. Fully open the main drain valve and record the pressure reading. Close the valve and observe how quickly pressure is restored to determine if there are closed valves or obstructions in water supply lines.
(6) The air compressor shall be tested to insure it is working properly.
(7) All quick opening devices shall be tested to insure they are working properly.
(8) All deluge, pre-action or dry pipe valves shall be trip tested annually. The trip test shall be conducted by actuating the supplemental fire detection system.
(9) The location of dry-pipe valves shall be inspected to insure the valves are protected from freezing.
(10) All supervisory devices on all control valves shall be tested to insure they are functioning properly and that the alarm is transmitting to the appropriate location.
(11) Fire pumps, if any, shall be flow tested. If the pump performance characteristics as tested are more than 10 percent below the manufacturer's certified shop test characteristics curve or as specified on the pump housing, the pump shall be repaired and restored to its original condition. Do not draw residual pressure on pump below 20 p.s.i. when damage to public mains may occur.
(12) Pump supervisory devices shall be tested to insure they are functioning properly and that the alarm is transmitting to the appropriate location.
(13) On systems supplied by gravity tanks, suction tanks and reservoirs the automatic filling system shall be inspected to insure proper operation.
(14) On systems supplied by pressure tank the air pressure gauge and water supply gauge shall be inspected and the automatic filling system shall operate during a system flow.
(15) The manufacturer's and installer's written service and maintenance instructions which are on file with the State Fire Marshal shall also be followed when conducting the above service.
Note: Authority cited: Section 13195, Health and Safety Code. Reference: Sections 13195 and 13195.5 Health and Safety Code.
s 904.7. Maintenance and Service Requirements for Engineered and Pre-Engineered Fixed Extinguishing Systems.
Maintenance and service shall be performed in accordance with the manufacturer's written instructions which are approved and on file with the State Fire Marshal.
Note: Authority cited: Section 13195, Health and Safety Code. Reference: Sections 13195 and 13195.5 Health and Safety Code.
s 905. Licenses.
(a) As specified in Health and Safety Code Section 13196.5, no person shall engage in the business of servicing automatic fire extinguishing systems without a valid license issued by the State Fire Marshal.
(b) Licenses shall be for the service of any one or combination of, the following:
(1) Type 1 -Fire Sprinkler Systems.
(2) Type 2 -Engineered and Pre-engineered Fixed Extinguishing System.
(3) Type 3 -Standpipe Systems.
(c) (1) Application for a license to engage in the business of, or perform for a fee, the servicing of automatic fire extinguishing systems shall be made in writing to the State Fire Marshal on forms provided by him and shall be accompanied by the fees prescribed in Section 905.2 of these regulations.
(2) The application shall be signed by the sole proprietor, all partners in a partnership, or the corporation's authorized agent.
(3) The application shall be accompanied by a list of:
(A) All engineered and pre-engineered systems which the applicant intends to service by type of extinguishing agent and manufacturer's designation.
(B) Employees qualified to perform the service for which license is applied for and verification of the licensee's or his employee's training, education, and experience.
(C) Necessary equipment, supplies, and parts, for servicing systems for which a license is sought.
(d) Original licenses shall be valid from the date of issuance through December 31st of the year in which issued. Thereafter, each license shall be renewed annually and renewals shall be valid from January 1st through December 31st.
(e) Every license issued according to these regulations shall be posted on the premises of the licensed location. Licenses shall be readily avail able for inspection at any reasonable hour by the local inspection authority or by the State Fire Marshal.
(f) No licensee shall conduct business or solicit business under a name other than that which appears on his license.
(g) Possession of a license shall not authorize the licensee or his employee to enter any property or building or to enforce any provision of this subchapter.
(h) Every licensee shall notify the State Fire Marshal at his Sacramento office in writing within fifteen (15) days of any change of the licensee's address.
(i) A license is not transferable.
(j) Application for renewal shall be made on or before November 1st of the year in which the current license expires. Application for renewal shall be made in writing on forms provided by the State Fire Marshal and shall be accompanied by the prescribed fees.
(k) Application for renewal of any class of license which has expired for one year or more shall be considered as an original application.
(l) A duplicate license may be issued by the State Fire Marshal upon receipt of a written statement by the licensee describing the reasons for the duplicate issuance.
Note: Authority cited: Sections 13195 and 13197, Health and Safety Code. Reference: Sections 13196.5 and 13197, Health and Safety Code.
s 905.1. Denial, Revocation and Suspension.
(a) The State Fire Marshal may order revocation or suspension pursuant to Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.
(b) The issuance or renewal of a license may be denied by the State Fire Marshal for any of the following reasons:
(1) The applicant is not the real person in interest.
(2) Refusal to allow inspection by the State Fire Marshal or his duly appointed employees.
(3) The applicant for a license does not have access to the necessary equipment specified in the list required by Section 905(c)(3)(C) of these regulations.
(4) The applicant for a license or his employees do not possess the qualifications to conduct the operations for which the application is made.
(c) The denial, revocation or suspension of a license may be ordered by the State Fire Marshal for any violation of Section 13197.5, Health and Safety Code.
Note: Authority cited: Section 13195, Health and Safety Code. Reference: Sections 13197 and 13197.5, Health and Safety Code.
s 905.2. Fees.
(a) The original or renewal fee for licensees to service or test each type of automatic fire extinguishing systems shall be:
Primary Additional
Location Location
(1) Fire sprinkler system.............. $500 $100
(2) Engineered and pre-engineered fixed
extinguishing systems.............. $500 $100
(3) Standpipe systems.................. $500 $100
Note: Authority cited: Section 13195, Health and Safety Code. Reference: Section 13198, Health and Safety Code.
s 906. Service Label.
(a) A service label conforming to this section shall be securely attached to each automatic fire extinguishing system at the time of service. The label shall be of the self-adhesive type with the option of a hanging type for engineered and pre-engineered systems. The label shall be placed:
(1) On the fire department connection or on the riser for Class I, III, and combined standpipes and on the hose outlet closest to the front door for Class II standpipes,
(2) On or adjacent to the fire department connection or on the riser for fire sprinkler systems and,
(3) On the agent supply tank or manual pull device for engineered and pre-engineered fixed systems.
(b) Labels shall be white with black letters. They shall be five and one-fourth inches (5 1/4 ") in length, and two and five-eighth inches (2 5/8 ") in width with a one-fourth inch (1/4 ") tolerance for each dimension. One sample label shall be submitted to the State Fire Marshal for approval.
(c) Adhesive labels shall be manufactured in accordance with U. L. Standard 969, marking and labeling systems.
(d) The following format shall be used for all service labels.
(e) The following information shall be printed on service labels:
(1) The words "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL."
(2) Concern Name.
(3) Concern Address.
(4) License Number. ( "A" number.)
(5) Date service performed.
(6) The Seal of the Office of the State Fire Marshal.
(7) Space or line for signature of person performing or supervising the service work.
(f) When service is performed, the date of service, and the signature of the person performing or supervising the servicing shall be placed on the service label.
(g) No person shall remove a service label from, or place a service label on, an automatic fire extinguishing system except when service is performed (See Section 904.2(d)).
(h) No person shall deface, modify, or alter any service label attached to or required to be attached to any automatic fire extinguishing system.
Note: Authority cited: Section 13195, Health and Safety Code. Reference: Section 13195 Health and Safety Code.
s 975. Title.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12500-12725, Health and Safety Code.
s 976. Authority.
s 976.1. Validity.
s 976.2. Order of Precedence.
s 977. Scope.
s 978. Exempt Fireworks.
s 979. Jurisdiction.
For the purposes of this chapter, the California State Fire Marshall shall be the primary enforcement authority for these regulations in all state-owned or state-occupied buildings. This authority shall extend to those premises leased by the state of California.
Note: Authority cited: Section 13108(c), Health and Safety Code. Reference: Sections 13100 and 13108, Health and Safety Code.
s 980. Definitions.
(a) "A" Definitions.
(1) Aerial Shell. A cylinder or spherical cartridge containing a burst charge and pyrotechnic or non-pyrotechnic effects, a fuse, a black powder lift charge and is fired from a mortar.
(2) ASTM. The American Society of Testing and Materials, a national organization publishing standards for all types of materials and products.
(b) "B" Definitions.
(1) Barrage. A rapidly fired sequence of effects.
(2) Batten. A strip of wood to which pyrotechnic devices are attached for support.
(3) Binary Low Explosive Compounds. Special effects materials in which fuel and an oxidizer are mixed together to produce a pyrotechnic composition.
(4) Blank Cartridge. A cartridge constructed from either metal or plastic casing, with a center or rim fire primer filled with various amounts of pyrotechnic compositions measured by loads.
(5) Blasting Galvanometer. An electrical resistance measuring device designed specifically and approved for testing of electric firing circuits.
(6) Bottle Rocket. A pyrotechnic device containing a maximum of 20 grams of pyrotechnic composition, which rises into the air upon ignition. A stick is used for guidance and stability, and a burst of color or noise, or both, is produced at height of flight.
(7) Break. An individual burst from an aerial shell, producing either a visible or audible effect or both, and may consist of a single burst or multiple effects.
(8) Bullet Effect. The discharge of the pyrotechnic or explosive bullet hit.
(9) Bullet Hit. A device containing various levels and amounts of pyrotechnic composition, whose purpose is to create the illusion of a bullet impact.
(c) "C" Definitions.
(1) California Candle. Hand held heavy paper or cardboard tube emitting showers of sparks.
(2) Comet. A pyrotechnic device launched from a mortar that produces an ascending burning effect, is self-consuming, and may or may not contain a burst charge or stars.
(d) "D" Definitions.
(1) Darts. To move suddenly and swiftly from one place to another.
(2) Detonator. Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.
(3) D.O.T. means U.S. Department of Transportation.
(4) Dud. A pyrotechnic item which leaves the mortar and returns to earth without producing the intended burst or effect. See also Misfire.
(e) "E" Definitions.
(1) Electric Firing. A technique used to discharge fireworks in which an electric match or squib and a source of electric current are used to ignite fuses or lift charges.
(2) Electric Match. An electric device containing a pyrotechnic compound which ignites when sufficient current flows through the leads.
(3) Experimental High Power Rocket. Non-professional rockets which are propelled by commercially manufactured high-power solid propellant rocket motors.
(4) Experimental High Power Rocket Motor. A State Fire Marshal approved, commercially manufactured rocket propulsion device containing a solid propellant charge wherein all the ingredients are pre-mixed and which produces more than 160 Newton-seconds (36 lb.-seconds) but shall not exceed 10,240 Newton-seconds (2302.2 lb.-seconds) of total impulse.
(f) "F" Definitions.
(1) Firecracker. A device containing explosive pyrotechnic composition in an amount not to exceed 50 milligrams (.772 grains) in total pyrotechnic weight, in a fused container whose primary function is to produce an audible effect.
Note: All firecrackers are classified as "dangerous fireworks", and pyrotechnic devices similar in construction to a "firecracker" which exceed the specified weight shall be designated explosives in accordance with Health and Safety Code Section 12000.
(2) Flash Paper. Treated paper which is extremely sensitive to heat and creates a brief flash of fire upon ignition.
(3) Flash Powder. Pyrotechnic composition intended for use in firecrackers and salutes, and often used for "flash"-type effects on stage and in productions involving special effects. Flash powder produces an audible report and a flash of light when ignited. Typical flash powder compositions contain potassium chlorate or potassium perchlorate, sulfur or antimony sulfide, and powdered aluminum.
(4) Flower Pot. A shell (not the lifting charge) that explodes at or near the bottom of a mortar blowing a shower of stars and burning material into the air.
(5) Fountain. See Gerb.
(g) "G" Definitions.
(1) Gerb. (also known as a Fountain). A device that, when ignited, emits a shower of sparks into the air at various altitudes.
(2) Ground Spinning Device. Also known as a Ground Spinner. A pyrotechnic device that discharges sparks as it spins across the surface upon which it is placed.
(h) "H" Definitions.
(1) HDPE Mortar. Also known as a High Density Polyethylene Mortar, is a mortar constructed of high density polyethylene which is certified and labeled as meeting one or more of the following ASTM standards, which are hereby incorporated by reference: ASTM D 3350, or ASTM F 714.
(i) "I" Definitions.
(1) Ignitor. An electric, chemical or mechanical device used to initiate burning or pyrotechnic or propellant materials.
(j) "J" Definitions. None.
(k) "K" Definitions. None.
(l) "L" Definitions.
(1) Lance. A thin cardboard tube packed with a color-producing pyrotechnic composition.
(2) License. "License" means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part.
(3) Licensee. "Licensee" means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570), of the Health and Safety Code.
(4) Loader. A person who places shells into mortars.
(5) Low Burst or Low Break. The result of a shell exploding below its prescribed height.
(m) "M" Definitions.
(1) Magazine Tender. Person who distributes pyrotechnic items to the loader during the show.
(2) Match. A fuse made of string or thread inpregnated with black powder.
(3) Meteoric Shower. A self-contained cardboard tube mounted on a plastic base emitting a shower of stars into the air.
(4) Mines or Mine Bags. A device contained within a reusable or disposable tube, where upon ignition stars, firecrackers, salutes, whistles or other devices are propelled into the air, with the tube remaining on the ground.
(5) Misfire. A pyrotechnic item which fails to function as designed after initiation. See also Dud.
(6) Model Rocket Motor. The same as a model rocket engine, as defined in Health and Safety Code Section 12520. Model rocket motors shall not produce more than 160 Newton-seconds of total impulse power.
(7) Monitor. Person responsible for watching for pyrotechnic items which do not perform properly.
(8) Mortar. A cylinder that is used to hold and fire public display or special effects pyrotechnic items or compositions as defined in Section 999 of this subchapter.
(9) Mortar Box. Also known as a Trough. A portable wooden structure used for the placement of mortars.
(10) Mortar Rack. A wooden rack holding closely spaced HDPE or paper mortars. Mortar racks are limited to 10 tubes per individual rack.
(11) Multiple Break Shell. Aerial shell which has two or more breaks.
(12) Muzzle Burst. The process of an aerial shell breaking or bursting just as it leaves the mortar, scattering stars and burning material.
(n) "N" Definitions.
(1) N.F.P.A. The National Fire Protection Association.
(2) Non-metallic Mortar. See HDPE and Paper Mortar definition.
(o) "O" Definitions. None.
(p) "P" Definitions.
(1) Pan Type Mortar. A shallow metal container that is used to hold and fire special effect pyrotechnic compositions.
(2) Paper Mortar. A mortar constructed of spiral or convolute wound paper or chipboard.
(3) Party Popper. "Party Popper" also known by other names such as Champagne Party Poppers, Party Surprise Popper and Hot Shot Poppers, is a pyrotechnic device which contains less than 0.25 grain of pyrotechnic composition per unit load, designed to be held in the hand and when fired propels soft paper, cloth inserts or other similar fill material into the air.
(4) Pigeons. Also known as line rockets. Pyrotechnic items using mechanical devices to control the effect of flight movement.
(5) Public Display of Fireworks. "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks, as defined in Section 12505 of Health and Safety Code.
(q) "Q" Definitions. None.
(r) "R" Definitions.
(1) Report. A detailed written account of all events involving pyrotechnic materials, devices, and operations in which a fire, injury, or death occurs, or in which any violation of the laws or regulations takes place.
(2) Retailer. Any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user.
(3) Roman Candle. A heavy paper or cardboard tube containing pellets of pyrotechnic composition which, when ignited, are expelled into the air at several-second intervals.
(s) "S" Definitions.
(1) Salute. An aerial shell as well as other pyrotechnic items whose primary effects are detonation and flash of light.
(2) Set Piece. Also known as ground display piece, mechanical piece. A pyrotechnic device or series of devices that while on the ground or elevated produces a visual and/or audible effect. These devices may employ fountains, roman candles, wheels, and lances.
(3) Shunt. A deliberate short-circuit of an electrically fired pyrotechnic device or a means contained within its firing system to protect it from accidental ignition by extraneous electricity.
(4) Single Break Shell. Aerial shell having one or more effects within a cylindrical or spherical casing.
(5) Snap Cap. Also known by other names such as, but not limited to, Snappers, Pop Pop Snappers, Fun Snaps and Bang Snaps. It is a pyrotechnic device that typically contains less than .20 grams, but shall not contain more than .25 grams, of gravel impregnated with not more than one milligram of pyrotechnic composition. Each unit consists of a small, roughly spherical paper parcel, approximately one-quarter (1/4) inch in diameter with a twisted paper tail. Each unit, when dropped against a hard surface, produces a small, toy cap-like report.
Note: Studies are conducted annually by the Office of State Fire Marshal which will determine whether or not there are adverse consequences from the regulation of snap caps.
(6) Soft Detonator. A detonator in which the explosive or pyrotechnic material is encased in a non-metallic container.
(7) Sparkler. A Stick or wire coated with a pyrotechnic composition that produces a shower of sparks upon ignition.
(8) Squib. See Electric Match. See also Detonator and Soft Detonator.
(t) "T" Definitions.
(1) Travel. To move from point of ignition either vertically or horizontally.
(2) Trough. Also known as a Mortar Box. A portable wooden structure used for the placement of mortars.
(u) "U" Definitions. None.
(v) "V" Definitions. None.
(w) "W" Definitions.
(1) Wheel Driver. A heavy paper or cardboard tube emitting a shower of sparks from a very small orifice, similar to a propellant motor.
(2) Within This State. "Within this state" means all territory within the boundaries of this state.
(x) "X" Definitions. None.
(y) "Y" Definitions. None.
(z) "Z" Definitions. None.
Note: Authority cited: Sections 12505 and 12552, Health and Safety Code. Reference: Sections 12505 and 12552, Health and Safety Code.
s 981. General.
(a) No person shall engage in any type of fireworks activities without having submitted an application for and having obtained a license from the State Fire Marshal in accordance with the provisions of this chapter. Licenses shall be processed in accordance with Title 19, California Code of Regulations, Section 3.33.
Exceptions:
(1) Licensed Pyrotechnic Operators Basic Commercial, Restricted Commercial and Rockets, First Class may employ unlicensed assistants.
Unlicensed assistants shall perform only when under the direct, immediate and constant supervision of the licensee when handling fireworks and pyrotechnic compositions.
(2) Licensed special effects and theatrical pyrotechnicians may employ unlicensed assistants. Unlicensed assistants shall perform only when under the direct, immediate and constant supervision of the licensee when handling fireworks and pyrotechnic compositions.
(3) A license shall not be required for the use or discharge of safe and sane fireworks.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 981.1. Cause for Denial.
The use of any false or misleading statement or misrepresentation offered or used to secure any fireworks license, permit, classification, registration, or any other official fireworks document is a violation of these regulations, and shall be cause for denial of the license, permit, classification, registration or other official fireworks document.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 981.2. Misuse or Alteration of License.
All fireworks licensees as set forth in this chapter shall be prohibited from giving or permitting any other person to use such license for any purpose whatsoever.
Any license issued under this chapter found to be altered shall be confiscated by the authority examining the license. The authority confiscating the license shall notify the State Fire Marshal immediately, and shall cooperate with the State Fire Marshal in all matters relating to an investigation of the incident.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12583, and 12600, Health and Safety Code.
s 981.3. License Fees.
(a) Every license fee required in accordance with this section shall be paid by check or money order made payable to the "CDF/State Fire Marshal."
(b) Every required fee shall be paid at or mailed to the office location designated by the State Fire Marshal.
(c) The original and annual renewal fee for a license shall be for the fiscal year or portion thereof beginning July 1 and ending June 30 of the following year, except that the fee for a Retail License shall be for the period of noon on the 28th of June through noon on the 6th of July, of the same calendar year.
(d) The original and annual renewal fees shall be as follows:
(1) Manufacturer $1500.00
(2) Wholesaler 3000.00
(3) Importer & Exporter 4500.00
(4) Retailer 50.00
(5) Public Display (special) 350.00
(6) Public Display (limited) 200.00
(7) Public Display (general) 1,500.00
(8) Pyrotechnic Operator:
Basic Commercial 125.00
Restricted Commercial 50.00
Rockets, 1st Class 50.00
Rockets, 2nd Class 50.00
Rockets, 3rd Class 50.00
Special Effects, 1st Class 250.00
Special Effects, 2nd Class 200.00
Special Effects, 3rd Class 100.00
Theatrical 200.00
Theatrical Trainee 100.00
Performer 125.00
(9) Manufacture, import, export, or wholesale, or any combination thereof; agricultural and wildlife fireworks 500.00
(10) Manufacture, import, export, or wholesale, or any combination thereof; model rocket motors 500.00
(11) Registration or classification fee for each model of emergency signaling device 50.00
(12) Party Popper/Snap Cap Distributor Permit 750.00
(13) Manufacture, import, export, wholesale, or any combination thereof high power or experimental high power rockets and motors 1500.00
(14) Retailer (high power rocket) 500.00
(e) The original registration and classification fees shall be as follows:
(1) Original registration and classification fee for each model of model rocket motor, high power rocket or motor, safe and sane, party popper, snap caps/snappers, agricultural/wildlife or exempt fireworks 50.00
(f) Required fees shall be submitted jointly with the appropriate application. Such Fees are non-refundable once the license has been issued.
Note: Authority cited: Sections 12552 and 12631-12633, Health and Safety Code. Reference: Sections 12552 and 12630-12633, Health and Safety Code.
s 981.4. Duplicate License.
In the event a valid license is lost or destroyed, a duplicate license will be issued upon written notice from the licensee to the State Fire Marshal and the submission of a $25.00 fee.
Note: Authority cited: Sections 12552 and 12580, Health and Safety Code. Reference: Sections 12630, 12631 and 12632, Health and Safety Code.
s 981.5. License Scope.
(a) Model Rockets. A Model Rocket License authorizes the manufacture, import, export or wholesale or any combination thereof.
(b) Pyrotechnic Operator. A Pyrotechnic Operator's License authorizes and places the responsibility for the handling, supervision and discharge of any fireworks item or pyrotechnic device and establishes that the operator is responsible for the training of his or her assistants in the safe handling, supervision, and discharge of these items and devices, in accordance with the following:
(1) Pyrotechnic Operator -Unrestricted may conduct and take charge of all fireworks activities in connection with every kind of public fireworks display, whether commercial entertainment, experimental and other types of rockets, special effects in motion picture, theatrical and television production.
(2) Pyrotechnic Operator -Basic Commercial may conduct and is restricted to all fireworks activities in connection with a commercial fireworks public display, including the determination that all mortars, set pieces, rocket launchers and rockets are properly installed and that the proper safety precautions have been taken to insure the safety of persons and property. Such operator shall have charge of all activities directly related to handling, preparing and firing all fireworks at the public display, including the fixing of lifting charges and quick match as needed for aerial shells.
(3) Pyrotechnic Operator -Restricted Commercial may conduct and is restricted exclusively to the use and discharge of firecrackers and the use of other exempt fireworks in religious ceremonies.
(4) Pyrotechnic Operator -Rockets First Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of experimental rockets. Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
(5) Pyrotechnic Operator -Rockets Second Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of solid fuel experimental rockets only. Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
(6) Pyrotechnic Operator -Rockets Third Class may purchase, transport, store, and launch high power rockets. Experimental high power rocket motors may only be imported, exported, and wholesaled by individuals or companies holding valid import, export, or wholesale licenses. Pyrotechnic Operators -Third Class may only purchase high powered rocket motors from licensed wholesalers. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
(7) Pyrotechnic Operator -Special Effects First Class may conduct and is restricted to the use, preparation for transportation and the preparation and use of all types of fireworks and special effects pyrotechnics, for the sole purpose of producing a visible or audible effect where and when such use is a necessary part of motion picture, television, theatrical or operatic production, as permitted by the fire authority having jurisdiction.
(8) Pyrotechnic Operator -Special Effects Second Class may conduct and is restricted to the use of special effects, the loading of blank cartridges, colored fire, flash paper, smoke composition, the preparation and use of binary A and B Flash composition and such other fireworks of whatever kind and class as may be permitted by the authority having jurisdiction, under a special permit in connection with television and motion picture production.
(9) Pyrotechnic Operator -Special Effects Third Class authorizes the loading of blank cartridge shells, and use of special effects when under the direct supervision and control of a Pyrotechnic Operator -Special Effects First or Second Class.
(10) Pyrotechnic Operator -Theatrical authorizes the use of special effects, blank cartridges, colored fire, flash paper, flash, smoke composition, and the preparation and use of binary A and B Flash composition in stage or theatrical productions only.
(11) Pyrotechnic Operator -Theatrical Trainee authorizes the conducting of procedures permitted a Pyrotechnic Operator -Theatrical when under the direct supervision and control of a licensed Pyrotechnic Operator -Theatrical.
(12) Pyrotechnic Operator -Performer is restricted to persons who perform before an audience, directly or indirectly, and may include magicians, comedians, still photographers, and others whose primary interest is in other than pyrotechnics. Such license is restricted to the use of blank cartridges, colored fire, flash paper, sparklers, and smoke composition in connection with the production of theatricals and operas before live audiences in theaters, opera houses, television studios, night clubs, and similar occupancies, or by the use of a still photographer.
(c) Separate License Not Required. A separate license shall not be required of licensed manufacturers, wholesalers, or importer-exporter to manufacture, wholesale, import or export agricultural and wildlife fireworks or model rocket engines.
(d) Explosive Materials Not Included in Scope of License. The license scope as defined in this section is restricted to the use of materials defined as "fireworks" (as defined in Health and Safety Code Section 12511) and in no way confers authority for the use or discharge of explosive materials defined in Health and Safety Code Sections 12000, et seq.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12578 and 12580, Health and Safety Code.
s 981.6. Penalty.
s 981.7. Expired License.
s 981.8. Duplicate License.
Note: Authority cited: Sections 12552 and 12580, Health and Safety Code. Reference: Sections 12630-32, Health and Safety Code.
s 981.9. License Scope.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12500-12725, Health and Safety Code.
s 982. Local Permit, Application For.
(a) When applying for a permit under Health and Safety Code section 12640(e), an applicant shall submit the following information and evidence to the authority having jurisdiction:
(1) The name of the organization sponsoring the display, together with the names and license numbers of persons actually in charge of the display.
(2) The date and time of day the display is to be held.
(3) The exact location planned for the display.
(4) The size and number of all fireworks to be discharged including the number of set pieces, shells, and other items. Shells shall be designated by diameter specifying single, multiple break or salute.
(5) The manner and place of storage of all fireworks prior to, during, and after the display.
(6) Diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction.
(7) Proof that satisfactory workers' compensation insurance is carried for all employees in compliance with Labor Code Section 3700.
(8) If the permit is for a public display or special effects, documentary proof of conformance with sections 12610 and 12611, Health and Safety Code.
(9) A State Fire Marshal's license for the public display of fireworks, under Health and Safety Code Sections 12575, 12576, or 12577. No permit for a public display of any type shall be granted unless a public display license general, special, or limited has been first obtained from the State Fire Marshal.
(10) The name and license number of the wholesaler who supplied all items used in the display.
(b) Permittee shall be responsible for compliance with the provisions under which a public display permit has been granted.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 982.1. Effective Period.
s 982.2. Application.
s 982.3. License Required.
s 982.4. Investigation and Report.
s 984. General.
(a) Test and Examination. Every applicant for a pyrotechnic operator's license shall take and pass a written examination administered by the State Fire Marshal in accordance with the provisions of this chapter. The applicant shall submit evidence attesting to the qualifications and experience required by this Article for the type of license for which application has been submitted.
(1) Pyrotechnic Operator -Unrestricted shall require a minimum amount of experience as indicated for each of the following types of licenses. Such experience shall be in the actual discharge of fireworks and pyrotechnic devices for the types indicated.
(A) Pyrotechnic Operator -Basic Commercial 2 years.
(B) Pyrotechnic Operator -Rockets First Class 2 years.
(C) Pyrotechnic Operator -Special Effects First Class 2 years.
Under the provisions of this section, not less than 6 years total experience is required.
(2) Pyrotechnic Operator -Basic Commercial shall require a minimum of 2 years of active work as an unlicensed assistant to either a licensed Pyrotechnic Operator -Unrestricted, or Basic Commercial. This time requirement may be reduced by 1 year through the successful completion of a State Fire Marshal approved training course or through exceptional work experience as evidenced by log entries or work records. Notwithstanding the 2 year requirement, the applicant shall have participated in the firing of not less than 8 different public displays.
(3) Pyrotechnic Operator -Special Effects First Class shall require a minimum of 2 years of active work as a Pyrotechnic Operator -Special Effects Second Class. This time requirement may be reduced by 1 year through the successful completion of a State Fire Marshal approved training course or through exceptional work experience as evidenced by log entries or work records.
(4) Pyrotechnic Operator -Special Effects Second Class shall require a minimum of 2 years of active work as a Pyrotechnic Operator -Special Effects Third Class. This time requirement may be reduced by 1 year through the successful completion of a State Fire Marshal approved training course or through exceptional work experience as evidenced by log entries or work records.
(5) Pyrotechnic Operator -Special Effects Third Class. No experience required.
(6) Pyrotechnic Operator -Theatrical shall require a minimum of 2 years of active work as a Pyrotechnic Operator -Theatrical Trainee. This time requirement may be reduced by 1 year through the successful completion of a State Fire Marshal approved training course or through exceptional work experience as evidenced by log entries or work records.
(7) Pyrotechnic Operator -Theatrical Trainee. No experience required.
(8) Pyrotechnic Operator Performer. No experience required.
(b) Qualifications. Adequate qualification for the issuance of the requested license shall be determined by the State Fire Marshal. It shall be incumbent upon the applicant to present to the State Fire Marshal evidence of such qualifications which may include a physical demonstration of knowledge and ability.
(c) Experience. The required experience for issuance of a pyrotechnic operator's license shall be in accordance with this section. In addition, applications shall be accompanied by the names and complete addresses of not less than five persons as reference who are not a relative, and who can attest to the applicant's experience, integrity and training. The references shall be licensed pyrotechnic operators of a class equal to or greater than the class applied for and shall have been licensed for at least one year.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12580, 12589, 12603 and 12607, Health and Safety Code.
s 984.1. Examinations
The written examination required for pyrotechnic operators shall consist of at least three parts, one pertaining to laws relating to fireworks, one pertaining to regulations relating to fireworks and one relating to the practices and procedures of the license scope.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552 and 12580, Health and Safety Code.
s 984.2. Examination Process.
(a) To satisfactorily pass the written examination, the applicant must obtain a minimum grade of seventy percent (70%) in each part.
(b) Every person taking an examination for pyrotechnic operator shall have the right to contest the validity of individual questions of such examination.
(c) Every objection as to the validity of individual questions of an examination shall be made in writing within 5 days after taking said examination. Objections shall state the reasons for each objection.
(d) The decision as to the action to be taken on the submitted objection(s) shall be by the State Fire Marshal and such decision shall be final.
(e) The decision made by the State Fire Marshal and the action taken shall be reflected in all future examinations but shall not affect the grades established in past examinations.
(f) Any applicant failing the examination may reapply and take another examination not less than 15 days from the date of the previous examination.
(g) Applicants applying to take repeat examinations shall file a new application. An additional fee is not required in those instances where the applicant has taken a test and failed it.
(h) The State Fire Marshal may require a reexamination of any licensee. This examination may be of any type permitted by these regulations. A fee shall not be required for a reexamination.
(i) Any applicant found using any extrinsic aids during the examination shall automatically fail the examination, and shall forfeit admission to future examinations for a period of one year.Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12580 and 12589, Health and Safety Code. (continued)