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s 984.3. Application Period.
An original pyrotechnic operator's license shall not be issued for the month of June of any fiscal year unless the application has been received in the office of the State Fire Marshal on or before the preceding May 15.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12580, 12589, 12595 and 12597, Health and Safety Code.
s 984.4. Investigation and Letters of Reference.
Applicants for a pyrotechnic operator's license are subject to an investigation by the State Fire Marshal. The investigation is intended to determine, but will not be limited to, compliance with State laws and regulations, and competency of applicant to perform in a safe manner. To assist in this investigation five letters of reference in conformance with Section 984(c) shall be submitted with this application. Additionally, a review of the applicant's log or journal detailing the kind of materials used, the quantity, how fired, date, time and location, and name and license number of the supervising pyrotechnician shall be conducted.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12580, 12587, 12590 and 12615, Health and Safety Code.
s 984.5. Renewal Applications.
Application for renewal of a license shall be made by the person to whom the license was issued. In all cases, applicants for license renewal shall pass an examination as required for an original application in accordance with the provisions of this chapter every four years.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 985. Employee Registration.
s 985.1. Restrictions.
s 985.2. Application.
s 985.3. Responsibility.
s 986. Classification.
(a) Fireworks or pyrotechnic devices that are to be used or sold for use in this state and found by the State Fire Marshal to come within the definition of "party poppers", "snap caps", "safe and sane", "agricultural and wildlife", "model rocket motors", "high power rocket motors", "emergency signaling device" or "exempt" fireworks shall be classified as such by the State Fire Marshal.
Exception: Special Effects items developed and compounded on location for single time usage.
(b) The classification of an item shall not be construed as conferring classification to any similar item without the approval of the State Fire Marshal. The trade name of an item shall not be changed without notifying the State Fire Marshal 30 days prior to such change.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code.
s 986.1. Sparklers.
Sparklers, which are defined as a stick or wire coated with a pyrotechnic composition that produces a shower of sparks upon ignition, are classified as dangerous fireworks under the authority of Health and Safety Code section 12505(k).
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12505(k), 12552, 12560 and 12561, Health and Safety Code.
s 986.2. Test Samples.
(a) Undischarged samples of each item of fireworks which are to be examined, classified and labeled as "Party Poppers", "Snap Caps," or "safe and sane" must be submitted to the State Fire Marshal for testing. The number of samples necessary shall be determined by the State Fire Marshal and in no case shall be less than ten (10).
(b) Undischarged samples of each item which is to be examined, classified, and labeled as "agricultural wildlife", "emergency signaling devices", "model rocket engine", and "high-power rocket engine" shall be submitted to the State Fire Marshal for testing. The number of undischarged samples necessary for each test shall be determined by the State Fire Marshal and in no case shall be less than three (3).
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code.
s 986.3. Chemical Analysis.
The request for classification of all fireworks as "safe and sane" fireworks or any item as a "party popper" or "snap caps", shall be accompanied by a qualitative chemical analysis showing every chemical and substance used in the manufacture of such fireworks, "party poppers" or "snap caps". Such qualitative analysis shall be made by the manufacturer, and shall include the total pyrotechnic weight of each item.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code.
s 986.4. Re-Tests.
Licensees shall advise the State Fire Marshal of any change in quality, content, or construction of any fireworks article classified by the State Fire Marshal and shall resubmit such articles for re-test and classification.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code.
s 986.5. Revocation.
The classification may be revoked by the State Fire Marshal if he or she finds that the material being marketed is not the same as that submitted for classification or when such fireworks or their labeling does not conform to the provisions of this chapter.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code.
s 986.6. Specifications for Safe and Sane Fireworks.
The provisions of this section shall apply to all handle goods, stick, dowel, spike and California candle fireworks having a stick dowel or inside diameter greater than 1/8 inch and other devices as noted.
Handle goods are exempt from compliance with the provisions of subsections (a), (d) and (e) of this section if they incorporate all of the following features: (1) a soft, crushable type paper tube, (2) an inside diameter of 3/8 inch or less, (3) 3 inches or less of combustible chemical composition, and having an overall length not exceeding 12 inches without any choke or other muzzle restriction.
(a) The chemical composition tubes or cases of all stick or handle fireworks items, whether spike or dowel, except flares, shall not exceed 9 inches in length or have an inside diameter greater than 5/8 inch and shall be convolute or spiral wound of chip board or other paper having equivalent strength and shall be well glued. The above dimensions do not include the stick, dowel or tubular handles of such items.
The chemical composition tubes in all fireworks items shall be sealed in a manner that prevents leakage of the pyrotechnic composition during shipping, handling, or normal operation and shall be constructed in a manner to allow functioning without burnout or blowout.
(b) The use of any choke or other muzzle restriction in any stick or handle fireworks item, whether spike or dowel or California candle is prohibited.
(c) Compositions in all devices shall be designed and manufactured to prevent loosely compacted charges. Pyrotechnic compositions shall not discharge a flame longer than 8 inches or throw sparks further than 10 feet from the composition tube muzzle. Handle goods shall not throw sparks further than 6 feet from the composition tube muzzle.
(d) Clay base shall have a minimum finished thickness of 1/2 inch and shall be formed in place inside the tube. In no case shall the final composition charge and the clay be formed in a combined operation. All clay used as clay base shall be sufficiently moistened to insure permanent effective adhesion to the inside of the tube or case.
(e) Fireworks devices which are intended to be hand-held and are so labeled shall incorporate a handle at least 4 inches in length. Handles shall remain firmly attached during transportation, handling and full operation of the device, or shall consist of an integral section of the device at least 4 inches below the pyrotechnic chamber.
Spikes and dowels shall be inserted into the chemical composition tubes a minimum distance not less than 25% of the length of tubes 6 inches or less in length and not less than 2 inches into tubes over 6 inches long. They shall be cemented firmly in place against the clay base. There shall be no void space within the chemical composition tube.
Spikes provided with fireworks devices shall protrude at least 2 inches from the base of the device and shall have a blunt tip not less than 1/8 inch in diameter or 1/8 inch square.
(f) All fuses of every type and kind of fireworks items shall be securely fixed in contact with the composition charge to insure against accidental loss. Each fuse shall be capable of either supporting the combined weight of the fireworks item plus eight ounces dead weight, or double the weight of the item without separation from the fireworks article.
Fuses on all items shall burn for not less than 3 seconds but not more than 6 seconds.
Fuses on all items shall be treated or coated in such a manner as to reduce the possibility of side ignition. The fuse on devices such as "ground spinners" that require a restricted orifice for proper thrust and contain less than 6 grams of pyrotechnic composition are exempt from this requirement.
Fireworks items sold or offered for sale at retail which are not enclosed in sealed packages, shall have their fuses or other igniting means covered in a manner approved by the State Fire Marshal to provide reasonable protection from unintentional ignition.
(g) All pyrotechnic devices having a base shall provide stable support to maintain the item in a vertical position when firing. When bases are added to the device, they shall be firmly glued in place.
The base or bottom of fireworks devices having a base or fireworks devices that operate in a standing upright position shall have the minimum horizontal dimensions or the diameter of the base equal to at least one-third (1/3) of the height of the device including any base or cap affixed thereto.
(h) The appearance of any fireworks items resembling those articles classified by statute as "dangerous fireworks" shall constitute sufficient grounds for their classifications, by the State Fire Marshal, as "dangerous fireworks." Special reference is intended, though not by way of limitation, to cherry bombs and sky rockets and other fireworks which normally explode or rise in the air during discharge.
(i) Pinwheels shall be limited to a maximum overall diameter of 15 inches, shall be substantially constructed and all driver gerbs, firepots and other elements shall be firmly fixed to the wheel.
Drivers shall be securely attached to the device so that they will not come loose in transportation, handling, and normal operation. Wheel devices intended to operate in a fixed location shall be designed in such a manner that the axle remains attached to the device during normal operation.
(j) Smoke devices shall conform to the following:
(1) Smoke devices shall be so constructed that they will neither burst nor produce external flame (excluding the fuse and first fire upon ignition).
(2) Smoke devices shall not be of such color or configuration so as to be confused with dangerous fireworks, such as firecrackers or cherry bombs.
(3) Smoke devices shall not incorporate plastic as an exterior material if the pyrotechnic composition would come in direct contact with the plastic.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569 and 12671, Health and Safety Code; and Section 1507.4, 16 Code of Federal Regulations.
s 986.7. Party Poppers.
(a) General. Party Poppers, as defined in Section 980, may be sold at retail outlets without requirement of a state fireworks retailer license or other retail sales restrictions so long as these Party Poppers are units of a particular manufacturer and design which have been classified by the Office of State Fire Marshal.
(1) Only entities or individuals maintaining a valid Office of State Fire Marshal importer/exporter's license may import Party Poppers into California and may sell Party Poppers only to entities or individuals maintaining a valid Office of State Fire Marshal wholesaler's license.
(2) Only entities or individuals maintaining a valid Office of State Fire Marshal's wholesaler's license or Party Popper/Snap Cap Distributor permit may sell Party Poppers to a retail outlet. Entities or individuals maintaining a Party Popper/Snap Cap Distributor Permit may purchase Party Poppers only from an individual or entity maintaining a valid Office of State Fire Marshal wholesaler's license and may sell Party Poppers only to retail outlets.
(3) Only entities or individuals maintaining either a valid Office of State Fire Marshal wholesaler's or importer/exporter's license or Party Popper/Snap Cap Distributor Permit may transport, or cause to be transported for sale, Party Poppers within California.
(4) All wholesaler licenses and Party Popper/Snap Cap Distributor permitees must file with the Office of State Fire Marshal by the close of the month immediately following each quarter, a list of the names and addresses of all retail outlets to whom they sold Party Poppers in the preceeding quarter. Retail outlets holding valid Office of State Fire Marshal retail sales licenses for the sale of Safe and Sane fireworks within the State for the period of 12:00 noon on the 28th of June through 12:00 noon on the 6th of July of that calendar year, as required by Health and Safety Code Section 12599, need not appear on this list filed with the Office of State Fire Marshal as required by this Section.
(b) In addition to the tests required by this Section, Party Poppers shall conform to the following:
(1) The device shall contain not more than 0.25 grains of explosive.
(2) The device shall not contain any materials specified in Section 12505 of the Health and Safety Code.
(3) The tube casing or body shall be constructed so as to eliminate any emission into the hand of the user.
(4) The streamers or other fill material shall be flame retardant when tested in accordance with this section.
(5) Every individual party popper item shall bear the classification label of the State Fire Marshal, including the manufacturer's and importer/exporter's registration number. The words "party poppers" shall appear in legible print on such label.
(6) The body of every party popper shall have, in legible print, operating instructions and warning labels as may be required by the State Fire Marshal.
(c) The testing of Party Poppers shall require the submission of a minimum of ten (10) samples. The streamers or other fill material from all of the ten (10) samples shall be arranged in a loose pile and subjected to the flame from a common paper match for not less than 5 seconds. The test material shall not continue to burn or smolder for more than 2 seconds after the match has been removed.
If the streamers or other fill material fail the above tests, the device shall be rejected.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12505, 12560-12569 and 12671, Health and Safety Code.
s 986.8. Snap Caps.
(a) General. Snap Caps as defined in Section 980, may be sold at retail outlets without requirement of a state fireworks retailer license or other retail sales restrictions so long as these Snap Caps are units of a particular manufacturer and design which have been classified by the State Fire Marshal for testing and classification in accordance with this Section.
Only entities or individuals maintaining a valid Office of State Fire Marshal importer/exporter's license may import Snap Caps into California and may sell Snap Caps only to entities or individuals maintaining a valid Office of State Fire Marshal wholesaler's license.
Only entities or individuals maintaining a valid Office of State Fire Marshal wholesaler's license or Party Popper/Snap Cap Distributor permit may sell Snap Caps to a retail outlet. Entities or individuals maintaining a Party/Snap Cap Distributor Permit may purchase Snap Caps only from an individual or entity maintaining a valid Office of State Fire Marshal wholesaler's license and may sell Snap Caps only to retail outlets.
Only entities or individuals maintaining either a valid Office of State Fire Marshal wholesaler's or importer/exporter's license or Party Popper/Snap Cap Distributor Permit may transport, or cause to be transported, for sale, Snap Caps within California.
All wholesaler licenses and Party Popper/Snap Cap Distributor permitees must file with the Office of State Fire Marshal by the close of the month immediately following each quarter, a list of the names and addresses of all retail outlets to whom they sold Snap Caps in the preceding quarter. Retail outlets holding valid Office of State Fire Marshal retail sales licenses for the sale of Safe and Sane fireworks within the State for the period of 12:00 noon on the 28th of June through 12:00 noon on the 6th of July of that calendar year, as is required by Health and Safety Code Section 12599, need not appear on this list filed with the Office of State Fire Marshal as required by this Section.
(b) In addition to the tests required by this Section, Snap Caps shall conform to the following:
(1) Each device 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.
(2) Each device shall not contain any prohibited materials specified in Section 12505 of the Health and Safety Code.
(3) Each device shall be constructed of a paper parcel which shall be flame retardant when tested in accordance with this Section.
(4) The packaging for these devices shall bear the classification label of the State Fire Marshal, including the manufacturer's and importer/exporter's registration numbers. The words "Snap Caps/Snappers" shall appear in legible print on such label.
(5) The packaging for these devices shall have, in legible print, operating instructions and warning labels as may be required by the State Fire Marshal.
(c) The testing of Snap Caps shall require the submission of a minimum of ten (10) samples. The paper material from all of the ten (10) samples shall be arranged in a loose pile and subjected to the flame from a common paper match for not less than five (5) seconds. The test material shall not continue to burn or smolder for more than two (2) seconds, after the match has been removed.
If the paper material fails the above test, the device shall be rejected.
s 986.9. Similar Devices.
A firecracker, as defined in Section 980(f)1, which exceeds 50 milligrams (.772 grains) in net pyrotechnic composition weight shall be classified as explosives in accordance with Health and Safety Code Section 12000.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12505(b) and (k), 12511, 12540 and 12560, Health and Safety Code.
s 987. Seal of Registration, Description.
(a) The State Fire Marshal's Seal of Registration required by this chapter shall conform to the provisions of this article. The Seal of Registration shall be applied to all classified fireworks and pyrotechnic devices by a licensed manufacturer, importer, exporter or wholesaler, and shall indicate the classification assigned by the State Fire Marshal or any State Fire Marshal approved laboratory.
(b) The licensee registration number shall appear in the boxes below the seal as illustrated in this article.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12567 and 12568, Health and Safety Code.
s 987.1. Unlawful Use.
No person or concern shall produce, reproduce or use the Seal of Registration in any manner or for any purpose except as provided in this chapter.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12567 and 12568, Health and Safety Code.
s 987.2. Permissive Use.
(a) Licensed manufacturers, importer/exporters, or wholesalers may, after review by the State Fire Marshal, use the Seal of Registration bearing their license registration number for any of the following:
(1) Printed matter including advertising and copy for publication.
(2) Letterhead, personal cards and similar stationery.
(3) Stencils for any of the foregoing.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12502 and 12618, Health and Safety Code.
s 987.3. Reproduction.
No person shall reproduce the fireworks Seal of Registration unless the seal reproduction conforms to the approved copy as issued at the time the license and registration number is granted. No alteration shall be made to the original or copy, or to any reproduction of the Seal of Registration unless approved by the State Fire Marshal.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12502 and 12618, Health and Safety Code.
s 987.4. Registration Numbers.
Before reproduction of the Seal of Registration, there shall be inserted in the box at the bottom of the reproduction, the registration number assigned by the State Fire Marshal to designate the category of the licensee. The category shall be designated by the capital letter proceeding the registration number as follows: "M" for manufacturing, "I/E" for importer/exporter, "W" for wholesaler. The designation for model rockets and signaling devices shall be as follows: "MR" for model rockets, "HPR" for high-power rocket motors, "L" for land signaling devices, "S" for sea signaling devices and "A" for air signaling devices. Signaling devices intended for more than one function shall use all of the appropriate letters.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12502 and 12618, Health and Safety Code.
s 987.5. Cease Use Order.
No person or concern shall continue use of the Seal of Registration in any manner or for any purpose after receipt of a notice in writing from the State Fire Marshal to discontinue such use.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12502 and 12618, Health and Safety Code.
s 987.6. State Fire Marshal's Seal of Registration.
The Seal of Registration shall appear in a format illustrated by the following samples below:
STATE FIRE MARSHAL'S SEALS OF REGISTRATION AND FIREWORKS CLASSIFICATION SAMPLES ABOVE, INCLUDING CLASSIFICATION
1. Enter one of the appropriate classification titles above the seal (see preceding samples) as listed below:
(a) Dangerous
(b) Safe and Sane
(c) Agricultural/Wildlife
(d) Model Rocket Motor
(e) Emergency Signaling Device (L), (S), or (A)
(f) Exempt
(g) Party Popper
(h) High Power Rocket Motor
1. Snap Caps/Snappers
2. Enter the Office of State Fire Marshal manufactures registration number in the box at the bottom of the seal. The seal that must appear on all Party Poppers and the seal that must appear on all packaging for all Snap Caps must also include the Office of State Fire Marshal importer/exporter's registration number.
3. On or before May 15 of the first year an importer intends to distribute in California, which ever comes later, an importer of Safe and Sane fireworks shall be required to file with the Office of State Fire Marshal in Sacramento, a notarized list of all Safe and Sane firework devices which: (1) they have previously submitted for testing and which have been classified as Safe and Sane by the Office of State Fire Marshal; and (2) indicate by placing an asterisk(*) before the name of each Safe and Sane firework device they intend to distribute in California for retail sale between June 28th and July 6th of that year.
On or before May 15 of each year thereafter, each importer shall be required to file with the Office of State Fire Marshal in Sacramento, a notarized list of all Safe and Sane firework devices they intend to distribute in California for retail sales between June 28th and July 6th of that year including all new Safe and Sane firework devices which have been submitted for testing and which have been classified as Safe and Sane by the Office of State Fire Marshal since that importer filed its first list with the Office of State Fire Marshal in accordance with this Section.
These lists must include the name and address of the importer and the importer/exporter's registration number. The devices on these list must be segregated by type of device [i.e., cone fountains, base fountains, wheels, smoke items, ground spinners, hand-held items, and other devices which have been classified as Safe and Sane by the Office of State Fire Marshal]. These firework devices must be listed by the name as it appears on each item and within each firework device category, these items must be segregated into two subcategories: (1) those items to which this importer has exclusive trademark and/or distribution rights; and (2) those items to which this importer does not have exclusive trademark and/or distribution rights.
On or by June 20 of each year, the Office of State Fire Marshal shall distribute a master list or compilation of all said individual lists, segregated by importer, to all members of the fire service in California. This list shall also include a listing of snap cap and party popper devices which have been submitted for testing and classified as a "Snap Cap" or "Party Popper" by the Office of State Fire Marshal. This listing of snap caps and party poppers must include the name and address of the importer and the importer/exporter's registration number.
On or before June 1 of each year, the Office of State Fire Marshal shall supply each importer who submitted an individual list, a draft copy of how that importer's list will appear on the forthcoming master list. That importer shall then have ten (10) business days from its receipt of this draft list to review, approve and/or request any corrections in its listing. Any request for corrections must be submitted along with appropriate documentation to the Office of State Fire Marshal in Sacramento.
The failure of an importer to timely file its individual list and/or to file a timely request for substantiated corrections to the draft copy of how that importer's list will appear on the master list, as required by this Section, shall subject any item which does not appear on the Office of State Fire Marshal's master list to immediate seizure by any law enforcement or fire service entity in California at any location where these devices are being offered for retail sale.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 988. Labeling, General Provisions.
(a) All fireworks or pyrotechnic devices classified by the State Fire Marshal, in addition to bearing the State Fire Marshal Seal of Registration, shall be labeled in accordance with the provisions of this article.
Such labeling may be by stamp, stencil or printing or by a firmly attached printed adhesive label. The entire label shall appear in legible type.
Exceptions: (1) Special Effects items developed and compounded on location for single time usage. (2) Set pieces used for public display. (3) Any device that is too small for practical single-item labeling such that it would render the label illegible, as determined by the State Fire Marshal.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12560-12569, Health and Safety Code.
s 988.1. Labeling of Dangerous Fireworks.
All dangerous fireworks, in addition to bearing the State Fire Marshal's Seal of Registration showing the classification and registration number as required in this article, shall bear a warning label with the wording: "Warning: Do Not Hold in Hand."
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552 and 12560, Health and Safety Code.
s 988.2. Labeling of Agricultural and Wildlife Fireworks, Model Rocket Motors, High Power Rocket Motors, and Emergency Signaling Devices.
All agricultural and wildlife fireworks, model rocket motors, high power rocket motors and emergency signaling devices offered for sale, sold or used in this state shall bear, in addition to the seal, classification, and registration number required in this article, a warning label indicating to the user where and how the item is to be used and necessary safety precautions to be taken.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552 and 12560, Health and Safety Code.
s 988.3. Instruction Labeling. Safe and Sane Fireworks.
(a) The following fireworks classified as "safe and sane" shall be labeled as indicated herein. Any "safe and sane" fireworks device not required to have a specific label as indicated below shall carry a legible warning label clearly indicating to the user where and how the item is to be used and necessary safety precautions to be observed. The use of the word "close" is optional.
(1) Fountains, Spike Fountains, and Whistles.
WARNING (OR CAUTION)
EMITS SHOWERS OF SPARKS
DO NOT HOLD IN HAND
Use only under (close) adult supervision
For outdoor use only
Place on level surface
Stick firmly in ground in an upright position (Spike items only)
Light fuse and get away
(2) Handle Fountains, California Candles
WARNING (OR CAUTION)
EMITS SHOWERS OF SPARKS
Use only under (close) adult supervision
For outdoor use only
Hold in hand at bottom of tube or handle
Point away from body so that neither ends points toward body or another person
(3) Ground Spinners or Ground Spinning Devices
WARNING (OR CAUTION) - SPINS ON GROUND
DO NOT HOLD IN HAND
EMITS SHOWERS OF SPARKS (either on the side, front, back, top, or bottom panel)
Use only under (close) adult supervision
For outdoor use only
Place on hard, flat, smooth, and level surface
Light fuse and get away
(4) Wheels-Vertical
WARNING (OR CAUTION)
EMITS SHOWERS OF SPARKS
DO NOT HOLD IN HAND
Use only under (close) adult supervision
For outdoor use only
Attach securely by means of a nail through the hole
Light fuse and get away
(5) Wheels-Horizontal
WARNING (OR CAUTION)
EMITS SHOWER OF SPARKS
Use only under (close) adult supervision
For outdoor use only
Attach string to object so that item hangs freely
Do not hold in hand
Light fuse and get away
(6) Toy smoke devices and flitter devices
WARNING (OR CAUTION)
FLAMMABLE (OR EMITS SHOWERS OF SPARKS, IF MORE DESCRIPTIVE)
Use only under (close) adult supervision
For outdoor use only
Do not hold in hand
Light fuse and get away
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12562, 12567 and 12568, Health and Safety Code.
s 988.4. Registration Numbers.
s 988.5. Cease Use Order.
s 989. General.
All magazines shall meet the requirements as set forth in the Code of Federal Regulations, Title 27, Part 55, Subpart K (Storage).
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12640, 12671, 12673, 12674, 12679 and 12722, Health and Safety Code.
s 989.1. Storage, General Provisions.
(a) All fireworks, pyrotechnic compositions and pyrotechnic devices shall be kept in a locked magazine and in a manner approved by the authority having jurisdiction unless they are:
(1) In the process of being manufactured;
(2) In the process of being used; or
(3) Being transported to a place of storage or use by a licensee, in accordance with the Code of Federal Regulations, Title 49, Part 173, Subpart C, and Title 13, Chapter 6, Article 3 of the California Code of Regulations.
(b) Class C Common Fireworks and those devices designated as "safe and sane" fireworks shall be stored in a manner consistent with the Code of Federal Regulations, Title 49, Section 173.88.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 989.2. Access Roads and Signs.
All magazine storage sites shall have access roads suitable for use by fire apparatus posted with the following warning sign or other sign approved by the authority having jurisdiction:
DANGER
NEVER FIGHT EXPLOSIVES FIRES
EXPLOSIVES ARE STORED ON THIS SITE
CALL _______________
The sign shall be weather-resistant with a reflective surface and lettering at least two (2) inches high.
Note: Authority cited: Sections 12081 and 12552, Health and Safety Code. Reference: Sections 12081, 12101 and 12552, Health and Safety Code.
s 989.2.1. Signs.
s 989.3. Activities and Devices Prohibited.
Smoking, matches, flame-producing devices, open flames, and firearms shall not be permitted inside or within fifty (50) feet of magazines.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 989.4. Magazines in Dwelling Prohibited.
No loaded indoor storage magazine shall be located in a residence or dwelling.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 989.5. Supervision.
s 989.6. Personnel.
s 990. Transportation of Fireworks.
(a) Only fireworks and pyrotechnic devices classified by and bearing the Seal of Registration of the State Fire Marshal shall be transported within this state.
Exceptions: 1. Unclassified fireworks being transported to the State Fire Marshall for classification. 2. Unclassified fireworks being transported for verified out-of-state delivery. 3. Fireworks being imported and moving directly from the port of importation to the facilities of the licensed importer for purposes of application for the Seal of Registration for the State Fire Marshal.
(b) All fireworks and pyrotechnic devices being transported in this state, whether classified or unclassified, shall be packaged and transported in accordance with the Code of Federal Regulations, Title 49, Part 173, Subpart C, or with Health and Safety Code Sections 12650-12654.
Note: Authority cited: Section 12552, Health and Safety Code . Reference: Sections 12650-12654, Health and Safety Code.
s 990.1. General Safety.
Every vehicle transporting fireworks or pyrotechnic devices shall comply with Sections 27903, 31610, and 31616 of the Vehicle Code of the State of California.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code; and Section 27903, Vehicle Code.
s 990.2. Filing Reports.
Import/export licensees shall file written reports with the State Fire Marshal involving the importation of fireworks, in accordance with Health and Safety Code Sections 12619 and 12620.
(1) Prior to importing fireworks, the licensee shall file a report with the State Fire Marshal. Reports shall indicate the name and address of the manufacturer and of the shipper,the type and kind of fireworks being imported, the quantity of each type and kind of fireworks, the estimated arrival time of shipment, the name of the carrier, and the load number or other identification carton marks.
(2) Upon arrival or prior thereto, the State Fire Marshal shall be notified as to contemplated disposition of fireworks. Contemplated storage, classification, and reshipment plans shall be included in this report.
Exception: Import/export licensees shall not be required to file reports as outlined in this section for pyrotechnic devices and materials used solely for special effects.
Note: Authority cited: Sections 12552 and 12620, Health and Safety Code. Reference: Sections 12619 and 12620, Health and Safety Code.
s 990.3. Exporting.
s 990.4. Shipping.
s 990.5. Personnel.
s 990.6. General Safety.
s 990.10. Bills of Lading.
s 990.11. Records.
s 990.12. Thefts.
s 990.13. Filing Reports.
s 991. Safety Inspection.
Retail fireworks stands and sales areas are subject to inspection by the authority having jurisdiction. All areas where fireworks, pyrotechnic compositions or devices are used, stored or discharged shall be free from any condition which increases, or may cause an increase of, the hazard or menace of fire or explosion to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may become the cause of any obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12682, Health and Safety Code.
s 991.1. Disposition Unsold Stock.
All retail fireworks licensees shall return unsold fireworks stocks to the wholesaler from whom they were purchased. The retail licensee may store unsold stock in a place and manner approved by the fire authority having jurisdiction until stock is returned to the wholesaler. Such return of stock shall be accomplished no later than the thirty-first of July of each year.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 991.2. Personnel.
The employer or permittee shall be responsible for instructing his or her personnel who handle fireworks, pyrotechnic compositions or devices in any capacity, in the hazards of and safety procedures relating to fireworks, pyrotechnic compositions or devices as contained in this chapter.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 991.3. Smoking, Storage and Handling Facilities.
Smoking shall be prohibited and "No Smoking" signs posted in all portions of the premises or locations where fireworks, pyrotechnic compositions, or devices are stored, or handled.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 991.4. Smoking, Sales Facilities.
Smoking shall be prohibited and signs bearing the words "No Smoking" shall be posted on and in every building, mobile facility, or structure used for the sale of fireworks. Signs shall be positioned at the entrance to and inside such buildings, mobile facilities, or structures and at such other locations as designated by the authority having jurisdiction. Lettering shall be red in color on a white background. Letters shall be at least 3 inches in height with a stroke of at least 1/2 inch.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 991.5. Prohibited Substances.
Intoxicating liquids, narcotics, and controlled substances are prohibited within the area of the firing site as determined by the authority having jurisdiction, and shall not be used by any person handling fireworks or special effects at any time during transportation, set-up, firing or removal.
Exception: Prescription drugs not impairing the motor functions and/or judgment of the persons affected by this section. Drugs must be taken as directed and specifically prescribed for the individual to be covered by this exception.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 991.6. Alcohol and Narcotics.
Note: Authority cited: Section 11349.1, Government Code; and Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992. Electric Firing Circuits, General.
Connecting any electric firing circuit to any power supply, is prohibited until all special effects devices, fireworks, and pyrotechnics in the sequence are connected to firing leads and the firing area is clear of all unauthorized personnel.
Exception: Circuit testing as described in section 992.3.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532 and 12552, Health and Safety Code.
s 992.1. Power Sources.
Power sources for firing special effects devices, fireworks, and pyrotechnics shall be restricted to batteries or individually isolated, ungrounded generators used for firing purposes only. Commercial or house power may be used provided the firing system is electrically isolated from the commercial or house power through the use of such items as isolation transformers. Under no condition may commercial or house power be used directly for firing purposes.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532 and 12552, Health and Safety Code.
s 992.2. Firing Systems Safeguards.
All firing systems, including battery and power circuit types, shall be designed to insure against accidental firing by providing, a shunt or other control method in which no firing power may be applied to any firing circuits unless the operator intentionally enables or arms the firing system before applying firing power.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532 and 12552, Health and Safety Code.
s 992.3. Circuit Tests.
All electrically fired pyrotechnic circuits shall be tested with a galvanometer or other test device in which the test current is not capable of firing the pyrotechnic device being tested.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532 and 12552, Health and Safety Code.
s 992.4. Sight Firing.
Special effects devices, and pyrotechnics shall not be fired unless the area involved with the firing is in the continuously unobstructed full view of the pyrotechnic operator or his/her assistant at the time of firing.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532 and 12552, Health and Safety Code.
s 992.5. Scope.
This article shall govern all "Special Effects Devices/ Materials" including those materials which have been classified and described by the regulations of the Department Of Transportation, Title 49, parts 172, 173 and 177 as Special Fireworks Class B Explosives and Common Fireworks Class C Explosives and such additional items as listed in Table 14A.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12553, 12560 and 12651, Health and Safety Code.
s 992.6. Responsibility.
The company representative shall provide to the authority having jurisdiction the name and license number of the special effects operator who shall have the authority, responsibility and be in charge of handling all Special Effects Materials. The company representative shall also allocate sufficient time to the Special Effects Pyrotechnic Operator to prepare for the transportation, packing, storing, securing daily, discharging, disposing of, or otherwise handling of fireworks, pyrotechnic devices, or materials in a safe manner. Upon completion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12552, 12583 and 12600, Health and Safety Code.
s 992.7. Orientation Meeting.
Prior to the activity, a discussion of the events planned and all aspects and ramifications concerning safety issues as they relate to the safe use of fireworks, pyrotechnic devices and materials shall be held among all appropriate parties, as determined by the authority having jurisdiction.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.8. Special Effects Materials.
(a) Materials described in this chapter as Special Effect Materials can be used as Special Effects. Other hazardous materials may be used when so authorized by the authority having jurisdiction.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Sections 12532, 12578 and 12603, Health and Safety Code.
s 992.9. Storage and Working Supplies.
(a) Special Effects Materials storage facilities shall be used exclusively for the storage of Special Effects Materials. Storage facilities shall not be used for the assembling, compounding, or manufacture of Special Effects Materials or any other item of fireworks. Magazines shall be kept locked at all times except when supplies are being withdrawn or replenished. Special Effects Materials shall be stored in accordance with the Code of Federal Regulations, Title 27, Part 55, Subpart K.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12532, 12578 and 12603, Health and Safety Code.
s 992.10. Quantities.
(a) The quantities of special effects materials removed from magazines shall be limited to the amount necessary for immediate use. Under no condition shall any surplus or excess be permitted to remain outside a magazine, unless under the direct supervision of a licensed pyrotechnic operator.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.11. Equipment.
All tools, scoops and devices used in loading and handling Special Effects Materials shall be made of non-sparking materials.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.12. Mixing.
No persons shall mix any Special Effects Material except a licensed manufacturer or a licensed Special Effects Pyrotechnic Operator -First Class. All mixing, assembling, or compounding when done by other than a licensed manufacturer shall be conducted in accordance with the applicable provisions of this chapter and with approval of the authority having jurisdiction.
Exception: Binary A & B Flash composition pre-packaged by a licensed manufacturer may be mixed and utilized according to manufacturer's instructions by a Pyrotechnic Operator, Special Effects -Second Class, or Pyrotechnic Operator, Theatrical.
Note: Authority cited: Section 12552, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.13. Special Effects Water Locations.
All special effects devices and explosive charges set in or on the surface of water, either salt or fresh, or any other liquid, shall be fired by a separate, individual, ungrounded, and uncommon two-wire circuit.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.14. Special Effects Not Allowed To Be Carried in Wearing Apparel.
No Special Effects Materials other than blank cartridges may be carried within the wearing apparel of a person. This shall not apply to actors portraying a scene in a theatrical, television, or film production.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.15. Special Effect Packaging.
All Special Effects Materials shall be packaged in accordance with Department of Transportation standards as contained in Title 49 of the Code of Federal Regulations, parts 172, 173 and 177, and shall remain in the prescribed containers until used or placed in a magazine.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.16. Special Effects Mortars.
Mortars and other items used to hold special effects, pyrotechnic or explosive materials during discharge shall be made of a material having a thickness proportional to the strength of the explosive or pyrotechnic material being used, and in every case sufficient to prevent distortion in service. Tubular mortars for firing aerial pyrotechnic and fireworks shells shall conform to the requirements of article 15 of this chapter.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.17. Flash Powder Mortars.
The use of special effects flash powder mortars consisting of converted switch boxes, sockets, or similar components is prohibited.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.18. Special Effects Reports.
(a) Verbal reports shall be made to the State Fire Marshal within 24 hours after a firing under this article when either of the following events occur:
(1) Injury or death to the public or the crew as a result of the firing.
(2) Fires requiring emergency action or response.
(b) Within ten (10) working days following an incident giving rise to a verbal report, the licensed pyrotechnician in charge of the activity shall submit a complete, accurate and factual report directly to the State Fire Marshal on the episode.
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Section 12552, Health and Safety Code.
s 992.19. Shunts.
s 992.20. Firing Safeguards
s 992.21. Circuit Tests.
s 992.22. Water Locations. (continued)