(a) General provisions.      
        (1) Fireworks 1.3G and black powder shall be stored in magazines unless they are in process of manufacture, being physically handled in the operating process, being packaged, or being transported.        
          (2) Black powder and Fireworks 1.3G shall be stored in a magazine meeting or exceeding the requirements for a Type 4 magazine.          
            (3) Magazines containing Fireworks 1.3G or black powder shall be separated from inhabited buildings, other magazines, fireworks manufacturing plant buildings, passenger railways, and public highways in accordance with Table 3 in §34.824 of this title (relating to Distance Tables).            
              (4) Bulk storage of Class I flammable liquids and flammable compressed gases shall comply with provisions of §34.821(a)(7) of this title (relating to Manufacturing Operations).              
                (b) Construction of magazines--general.                
                  (1) Magazinesshall be constructed in conformity with the provisions of this subsection, or may be of substantially equivalent construction.                  
                    (2) The ground around the magazines shall be graded for drainage of water.                    
                      (3) Magazine heating systems, if installed, shall meet the following requirements.                                              (A) Radiant heating coils within the building, if used, shall be installed in such a manner that the fireworks containers cannot contact the coils and air is free to circulate between the coils and the fireworks.                                                  (B) Air heating ducts shall be installed in such a manner that the hot air discharge from the duct is not directed against the fireworks or fireworks containers.                                                      (C) The heating device shall have controls that prevent the ambient building temperature from exceeding 130 degrees Fahrenheit.                                                          (D) The electric fan or pump used in the heating system shall be mounted outside and separatefrom the wall of the magazine and shall be grounded.                                                              (E) The electric fan motor and the controls for an electrical heating device used in heating water or steam shall have overloads and disconnects. All electrical switch gear shall be located a minimum distance of 25 feet from the magazine.                                                                  (F) The heating source for a water or steam system, if used, shall be separated from the magazine by a distance of not less than 25 feet when electric and 50 feet when fuel-fired. The area between the heating unit and the magazine shall be cleared of all combustible materials.                                                                      (G) The storage of fireworks and fireworks containers in the magazine shall allow uniform air circulation so temperature uniformity can be maintained throughout the stored materials.                                    
                                      (4) When lights are necessary inside the magazine, electrical safety flashlights or electric safety lanterns should be used. The authority having jurisdiction mayauthorize interior lighting of special design for magazines provided that adequate safety is maintained.                                      
                                        (5) When ventilation is required in a compartmented magazine, sufficient ventilation shall be provided to protect the stored materials as necessary in each compartment. Stored materials shall be so placed in the magazine as not to interfere with ventilation and shall be stored so as to prevent contact with masonry walls or with any steel or other ferrous metal by means of a nonsparking lattice or equivalent lining.                                        
                                          (c) Construction of magazines. Magazines for storage of Fireworks 1.3G and black powder shall meet or exceed the following specifications for Type 4 magazines.                                          
                                            (1) A Type 4 magazine shall be a permanent, portable, or mobile structure, such as a building igloo, semi-trailer, or other mobile container that is fire resistant, theft resistant, and weather resistant.                                            
                                              (2) A Type 4 magazine shall beconstructed of masonry, wood covered with metal, fabricated metal, or a combination of these materials. The door shall be metal or solid wood covered with metal.                                              
                                                (3) Permanent Type 4 magazines shall be constructed in accordance with those provisions for Type 4 magazines relating to foundations, ventilation, locks, hinges, hasps, and locking hardware as required by Title 27 C.F.R. Part 55, April 1, 1997 or subsequently adopted edition.                                                
                                                  (d) Magazine operations.                                                  
                                                    (1) Storage shall be supervised by a competent person who shall be at least 21 years of age, and who shall be held responsible for the enforcement of all safety precautions.                                                    
                                                      (2) When containing Fireworks 1.3G or black powder, the magazine shall be opened and inspected at intervals of not greater than three days to determine whether there has been an unauthorized entry or attempted entry into the magazines; or to determine whether there has beenunauthorized material removal from the magazines.                                                      
                                                        (3) All doors shall be locked, except during hours of operation.                                                        
                                                          (4) Containers shall be stacked in a stable manner.                                                          
                                                            (5) Black powder in shipping containers, when stored in magazines with other explosives, shall be segregated. Black powder stored in kegs shall be stored on ends, bungs down, or on side, seams down.                                                            
                                                              (6) Open black powder containers shall be securely closed before being returned to a magazine. No black powder container without a closed lid may be stored in the magazine.                                                              
                                                                (7) Tools for opening containers of Fireworks 1.3G or black powder shall be constructed of nonsparking materials, except that metal slitters shall be used for opening fiberboard containers. A wood wedge, a fiber, rubber, or wood mallet shall be used for opening or closing wood containers of explosives.                                                                
                                                                  (8) Magazine floors shall be regularlykept 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 from floors of magazines shall be properly disposed.                                                                  
                                                                    (9) When magazines need interior repairs, all fireworks and black powder shall be removed and the floors cleaned.                                                                    
                                                                      (10) When making exterior magazine repairs, the fireworks and black powder shall be removed from the magazine.                                                                      
                                                                        (11) When fireworks and black powder are removed from a magazine under repair they shall be placed in another magazine until repairs have been completed.                                                                        
                                                                          (e) Additional safety precautions.                                                                          
                                                                            (1) Smoking, matches, open flames, spark-producing devices, and firearms (except firearms carried by authorized guards) shall not be permitted inside of or within 50 feet of magazines.                                                                            
                                                                              (2) The land surrounding magazines shall be kept clear of brush,dried grass, leaves, and similar combustibles for a distance of at least 25 feet.                                                                             
     Source Note:        The provisions of this §34.822 adopted to be effective June 30, 1986, 11 TexReg 2510; transferred effective September 1, 1991, as published in the Texas Register March 6, 1992, 17 TexReg 1745; amended to be effective June 4, 1993, 18 TexReg 3300; transferred effective September 1, 1997, as published in the Texas Register November 14, 1997, 22 TexReg 11091; amended to be effective September 14, 1998, 23 TexReg 9571.