PART 105 FIREWORKS : Sections Listing

TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 105 FIREWORKS


AUTHORITY: Implemented and authorized by Section 22 of The Fireworks Regulation Act of Illinois (Ill. Rev. Stat. 1985, Ch. 127½, par. 122).

SOURCE: Rules and Regulations relating to fireworks filed October 8, 1974; codified as 41 Ill. Adm. Code at 5 Ill. Reg: 10673; amended at 6 Ill. Reg. 13021, effective December 15, 1982; amended at 7 Ill. Reg. 6097, effective June 1, 1983; amended at 7 Ill. Reg. 16399, effective January 1, 1984; recodified from 41 Ill. Adm. Code 100.21, 100.82 and 100.85 at 11 Ill. Reg. 5992.

 

Section 105.5  Introduction

 

Pursuant to authority conferred upon the Office of the State Fire Marshal by section 22 of AN ACT relating to the manufacture, possession, storage, transportation, sale, and use of fireworks throughout the State of Illinois, filed July 11, 1935, Illinois revised Statutes 1979, ch. 127½, par. 122, as amended, the following rules and regulations are hereby adopted in relation to the manufacture, possession, storage, transportation, sale and use of fireworks.

 

(Source:  Recodified from 41 Ill. Adm. Code 100.81 at 11 Ill. Reg. 5992)

Section 105.10  Fireworks Plant Fencing

 

a)         Specifications and Maintenance. The fence required by section 13 (a) of the fireworks act referred to above, Ill. Rev. Stat., ch. 127½, par. 113 (a), shall substantially meet the specifications set forth in Rules 1.01 through 1.06 (41 Ill. Adm. Code Section 100.82 (a) through (g)) and shall be properly maintained at all times.

 

b)         Height. The fence shall be not less than seventy-two (72) inches high at all points.

 

c)         Support. The fence shall be firmly attached to or rigidly supported by steel or wood posts set on not more than ten (10) foot centers anchored in firm ground not less than twenty-four (24) inches deep.

 

d)         Top Arm. The fence shall have an arm securely fastened on top and extending outward at an angle of not less than thirty-five (35) degrees nor more than one hundred eighty (180) degrees, except that the arm on a gate may be vertical. The arm atop the fence shall be not less than twelve (12) inches wide and extend the length of the fence. The arm atop the fence shall carry three (3) strands of barbed wire spaced not less than five (5) inches apart. The barbed wire shall consist of a double cable of no. 14 gauge, or heavier, galvanized steel wire with two or more point barbs tightly and doubly twisted around and through the cable wires and set not more than six (6) inches apart.

 

e)         Fence Structure. The vertical part of said fence shall consist of line and stay wires. The bottom line wire shall be flush with the ground. The stay wires shall be welded to or interwoven with the line wires and spaced on not more than two (2) inch centers forming a rectangle or diamond shape mesh. The line wires and stay wires may be interwoven as to form chain links. All line wires and stay wires shall be of no. 11 gauge, or heavier, steel galvanized wire.

 

f)         Gates. All openings in the fence shall be equipped with metal gates which shall be kept securely locked at all times, except when in actual use, provided that the main gate of the plant may be left open during the regular hours of plant operation while in plain view of and under observation by authorized employees or guards.

 

g)         Material. Whenever a particular material is specified in these rules and regulations, material of at least equivalent strength and quality may be substituted.

 

(Source:  Recodified from 41 Ill. Adm. Code 100.82 at 11 Ill. Reg. 5992)

 

Section 105.20  Storage and Wholesaling of Class "C" (Common) Fireworks

 

These Rules and Regulations shall apply to both existing and new facilities, except as specifically provided for herein.

 

a)         Definitions

 

1)         Class "C" or "Common Fireworks" are those so defined:

 

            Class "C" of Common fireworks are fireworks devices designed primarily to produce visible effects by combustion.  Some small devices designed to produce audible effects are also included in this class.  The types, sizes and amount of pyrotechnic contents of these devices are limited as enumerated in this paragraph.  No component, of any device listed in this paragraph, which produces or is intended to produce an audible effect shall contain pyrotechnic composition in excess of two grains in weight; nor any metal, glass or brittle plastic fragments.  Common fireworks must be in a finished state exclusive of mere ornamentation as supplied to the trade and must be so constructed and packed that loose pyrotechnic composition will not be present in packages in transportation or storage.

 

2)         "Storage":  shall mean net weight quantities of 100 lbs. or more of Class "C" fireworks.

 

3)         "Net weight":  Shall mean the weight of the finished product, the display packaging, and the first or smallest unit shipping container.

 

4)         "Inhabited building":  For the purpose of this section means a building or structure regularly used in whole or in part as a place of human habitation. The term inhabited building shall also mean any church, school, store, passenger station, airport terminal, and any other structure where people are accustomed to congregate or assemble, but excluding any building used for the manufacture, transportation, and storage of fireworks.

 

b)         All storage of Class "C" fireworks in quantities of 100 lbs. or more, net weight, shall conform to the distances, type height of construction, and fire protection systems requirements of Tables #1 and #2, of these Rules and Regulations.

 

c)         Existing structures used for the storage of 100 lbs. or more (net weight) of Class "C" fireworks which cannot be brought into compliance with the distance or type of construction requirements of Table #1 may continue in use by compliance with the following provisions:

 

1)         Exterior walls shall be of two-hour fire resistive construction.  Two-hour fire resistive construction shall be as defined in National Fire Protection Association #220, Types of Building Construction, 1980 Edition, Chapter 2, Para. 2-1.  There is no specification as to materials required provided that performance criteria are met.

 

2)         All portions of the structure used for the storage of Class "C" fireworks shall be protected by an automatic sprinkler system, installed and maintained in accordance with National Fire Protection Association #13, Installation of Sprinkler Systems, 1980 Edition.

 

3)         The entire structure has a standard fire alarm system installed to consist of the following:

 

A)        Automatic detection consisting of smoke detectors where appropriate, heat detectors in areas where smoke detection cannot be used.

 

B)        Manual pull stations on each floor and at all exits.

 

C)        The system connected to the fire department or other approved central station as required in the Illinois Rules and Regulations for Fire Prevention and Safety.

 

4)         Such existing structure has no storage of Class "C" fireworks above the second floor or below the first floor.

 

5)         In storage facilities of 300 square feet or more, at least two means of egress, remote from each other, are provided.  The need for additional means of egress shall be determined by applying the 1981 Edition, Life Safety Code, National Fire Protection Association #101, Chapter 5.

 

d)         The owner/operator of each storage and sales facility for Class "C" fireworks shall keep a record of all transactions and operations, involving fireworks for five (5) years.  Such records shall show quantities (net weight) sold or shipped, in and out; such records shall be made available to authorized representatives of the Office of the State Fire Marshal.

 

e)         Storage buildings containing Class "C" fireworks shall be separated from other buildings, magazines, and fireworks plant building in accordance with Table #2.

 

f)         Storage buildings for Class "C" fireworks shall be vented, or in the alternative, shall be constructed in such a manner that venting will occur by yielding of weaker parts of the structure under pressure generated by burning fireworks.

 

g)         All storage buildings shall be equipped with locking means for all openings.

 

h)         All doors shall open outward, and all exits must be clearly marked. Aisles and exit doors should be kept free of any obstructions.

 

i)          Only dust-ignition proof type electrical fixtures shall be used, and wiring shall comply with Section 502-4 (b) of National Fire Protection Association #70, the National Electrical Code, 1981 Edition.  No wall receptacles are permitted; all light fixtures must have guards.

 

j)          An outside master electrical switch shall be provided at each storage building where electricity is used.  This switch must be placed in the OFF position when the last person leaves the premises daily.  This switch may be secured with an approved locking device; such master switch shall not control the operation of any alarm systems for the building.

 

k)         Storage Building Operations

 

1)         When operations are being conducted in storage buildings, a competent person shall be in charge at all times.  Such person shall be at least eighteen (18) years of age and shall be held responsible for the enforcement of all safety precautions.

 

2)         Doors and other openings shall be kept locked, except during hours of operation.

 

3)         Safety rules covering the operations of storage buildings shall be posted.

 

4)         Containers shall be piled in a stable manner and height of storage, aisle width, and all other provisions of National Fire Protection Association #13, Installation of Sprinkler Systems, 1980, and National Fire Protection Association #231, Indoor General Storage, 1979 Edition, shall be adhered to.

 

5)         Class "C" fireworks shall be stored in their original packaging and in unopened cases or cartons so as to take advantage of the insulation provided by such packaging; provided, however, unpackaged fireworks which have been returned may be temporarily retained in bins for re-packaging.

 

6)         Tools used for opening containers of Class "C" fireworks shall be constructed of non-sparking material, except that metal slitters may be used for opening fiberboard containers.

 

7)         Storage buildings shall be regularly swept, kept clean, dry, free of grit, paper, empty used packages and rubbish.  Brooms and other cleaning utensils shall not have any spark-producing metal parts.  Sweepings shall be properly disposed of.

 

8)         When storage buildings need interior repairs, all fireworks shall be removed therefrom and the interior cleaned.

 

9)         In making exterior storage building repairs, when there is a possibility of causing sparks or fire, the fireworks shall be removed from the storage building.

 

10)         Fireworks removed from a storage building under repair shall either be placed in another storage building or placed a safe distance from the storage building where they shall be properly guarded and protected until repairs have been completed.  Upon completion of repairs, the fireworks shall be properly returned to the storage building.

 

l)          Miscellaneous Safety Precautions

 

1)         Smoking, matches, open flames, spark producing devices and firearms shall not be permitted inside storage buildings.  Smoking, matches, open flames, spark producing devices and firearms shall not be permitted within 25 feet of storage buildings.  Existing storage facilities with a property line less than 25 feet to the nearest portion of the building shall not permit such prohibited material in the area between the property line and the building.

 

2)         The land surrounding storage buildings shall be kept clear of brush, dried grass, leaves, and similar combustibles for a distance of at least twenty-five (25) feet, except for such existing facilities as cannot meet the distance requirements of Table #1.

 

3)         There shall be conspicuously posted signs with the words "FIREWORKS – NO SMOKING" in letters not less than four inches high.

 

4)         Heat-producing devices when used shall not be located within the storage building, hear shall be provided through ducts, or piping.  Entry into the boiler/furnace room shall be from the outside.  No openings into the boiler/furnace room from the storage building shall be allowed.  Ductwork shall have smoke and fire dampers at each duct opening into the storage building.

 

5)         Re-packaging of fireworks shall not be done in any facility used for the storage of 500 or more pounds of Class "C" fireworks, unless the re-packaging activity is separated from storage by two-hour fire resistive construction. Only that amount of fireworks necessary for one days re-packaging may be kept in the re-packaging room or area.

 

m)        Quantity-Distance Separation Tables

 

Table 1.  Minimum separation, and construction requirements of Class "C" fireworks storage structures from inhabited buildings, passenger railways, and public highways.

 

Net Wt. of Frwks.

Bldg. Const.

Fire Alarms

Sprinklers

Distance from Passing. Railways & Public Highways

Distance From Inhabited Bldgs.

 

 

 

 

 

Class C Frwks

Class C Frwks

Pounds

 

 

 

 

Feet

Feet

 

 

 

 

 

 

 

100

Ord

Cons

N/A*

N/A

25

50

200

"

"

"

"

30

60

400

"

"

"

"

35

70

600

"

"

"

"

40

80

800

"

"

"

"

45

90

 

 

 

 

 

 

 

1,000

Ord

Cons

F.A.**

N/A

50

100

2,000

"

"

"

"

58

115

3,000

"

"

"

"

62

124

4,000

"

"

"

"

65

130

 

 

 

 

 

 

 

5,000

Non-Comb

F.A.

N/A

68

135

6,000

"

"

"

"

70

139

8,000

"

"

"

"

73

140

10,000

"

"

"

"

75

150

15,000

"

"

F.A.

Sprinklers

80

159

20,000

"

"

"

"

83

165

30,000

"

"

"

"

87

174

40,000

"

"

"

"

90

180

50,000

"

"

"

"

93

185

60,000

"

"

"

"

95

189

 

 

 

 

 

 

 

80,000

Fire-Res

F.A.

Sprinklers

98

195

100,000

"

"

"

"

100

200

150,000

"

"

"

"

105

209

200,000

"

"

"

"

108

215

250,000

"

"

"

"

110

220

 

  *N/A Not Applicable

**F.A. Fire Alarm Systems

 

n)         Minimum Separation Distances at Fireworks Manufacturing Plants

 

Net Weight Fireworks

Distances of Magazines and Storage Buildings from Nonprocess Buildings

Distance Between Process Buildings and Between Process and Nonprocess Buildings

Pounds

Class C Fireworks

Class C Fireworks

100

Feet

Feet

200

 

 

400

30

37

600

30

37

800

30

37

1,000

30

37

2,000

30

37

3,000

30

37

4,000

35

48

5,000

38

60

6,000

42

67

8,000

50

78

10,000

54

82

 

1)         For the purposes of applying the separation distances in Table 2 a process building includes a mixing building, any building in which pyrotechnic or explosive composition is pressed or otherwise prepared for finishing and assembling, and any finishing and assembling building.  A nonprocess building means office buildings, warehouses, and other fireworks plant buildings where no fireworks or explosive compositions are processed or stored.

 

2)         Distances apply with or without barricades or screen-type barricades.

 

3)         Distances included are those between magazines, between storage buildings, between magazines and storage buildings, between magazines or storage buildings from process buildings and nonprocess buildings.

 

(Source:  Recodified from 41 Ill. Adm. Code 100.85 at 11 Ill. Reg. 5992)