Administrative Code

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Virginia Administrative Code
Title 13. Housing
Agency 5. Department of Housing and Community Development
Chapter 51. Virginia Statewide Fire Prevention Code
4/2/2020

13VAC5-51-150. Ifc Chapter 56 Explosives and Fireworks.

A. Change exception 4 in Section 5601.1 to read:

4. The possession, storage, and use of not more than 15 pounds (6.81 kg) of commercially manufactured sporting black powder, 20 pounds (9 kg) of smokeless powder and any amount of small arms primers for hand loading of small arms ammunition for personal consumption.

B. Add exceptions 10, 11 and 12 to Section 5601.1 to read:

10. The storage, handling, or use of explosives or blasting agents pursuant to the provisions of Title 45.1 of the Code of Virginia.

11. The display of small arms primers in Group M when in the original manufacturer's packaging.

12. The possession, storage and use of not more than 50 pounds (23 kg) of commercially manufactured sporting black powder, 100 pounds (45 kg) of smokeless powder, and small arms primers for hand loading of small arms ammunition for personal consumption in Group R-3 or R-5, or 200 pounds (91 kg) of smokeless powder when stored in the manufacturer's original containers in detached Group U structures at least 10 feet (3048 mm) from inhabited buildings and are accessory to Group R-3 or R-5.

C. Change exception 4 in Section 5601.1.3 to read:

4. The possession, storage, sale, handling and use of permissible fireworks where allowed by applicable local or state laws, ordinances and regulations provided such fireworks comply with CPSC 16 CFR, Parts 1500-1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.

D. Add exception 5 to Section 5601.1.3 to read:

5. The sale or use of materials or equipment when such materials or equipment is used or to be used by any person for signaling or other emergency use in the operation of any boat, railroad train or other vehicle for the transportation of persons or property.

E. Change entire Section 5601.2 to read:

5601.2 Permit required. Permits shall be required as set forth in Section 107.2 and regulated in accordance with this section. The manufacture, storage, possession, sale and use of fireworks or explosives shall not take place without first applying for and obtaining a permit.

5601.2.1 Residential uses. No person shall keep or store, nor shall any permit be issued to keep, possess or store, any fireworks or explosives at any place of habitation, or within 100 feet (30,480 mm) thereof.

Exception: Storage of smokeless propellant, black powder, and small arms primers for personal use and not for resale in accordance with Section 5606.

5601.2.2 Sale and retail display. Except for the Armed Forces of the United States, Coast Guard, National Guard, federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities, explosives shall not be sold, given, delivered or transferred to any person or company not in possession of a valid permit. The holder of a permit to sell explosives shall make a record of all transactions involving explosives in conformance with Section 5603.2 and include the signature of any receiver of the explosives. No person shall construct a retail display nor offer for sale explosives, explosive materials, or fireworks upon highways, sidewalks, public property, or in assembly or educational occupancies.

5601.2.3 Permit restrictions. The fire official is authorized to limit the quantity of explosives, explosive materials, or fireworks permitted at a given location. No person, possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored.

5601.2.3.1 Permit applicants. As a condition of a permit as provided for in Section 107.5, the fire official shall not issue a permit to manufacture, store, handle, use or sell explosives or blasting agents to any applicant who has not provided on the permit application the name and signature of a designated individual as representing the applicant. When, as provided for in Section 107.2 or 107.6, a permit is required to conduct a fireworks display, as a condition of permit as provided for in Section 107.5, the fire official shall not issue a permit to design, setup or conduct a fireworks display to any applicant who has not provided on the permit application the name and signature of a designated individual as representing the applicant.

If the applicant's designated individual changes or becomes no longer qualified to represent the applicant as responsible management or designated individual, the applicant shall notify the fire official who issued the permit on the change of status of the designated individual. The notice is to be made prior to the use of any explosives or conducting a fireworks display but in no case shall the notification occur more than seven days after the change of status and shall provide the name of another designated individual. The fire official may revoke or require the reissuance of a permit based on a change of permit conditions or status or inability to provide another designated individual.

5601.2.3.1.1 BCC. The SFMO shall process all applications for a BCC for compliance with § 27-97.2 of the Code of Virginia and will be the sole provider of a BCC. Using forms provided by the SFMO, a BCC may be applied for and issued to any person who submits to the completion of a background investigation by providing fingerprints and personal descriptive information to the SFMO. The SFMO shall forward the fingerprints and personal descriptive information to the Central Criminal Records Exchange for submission to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history records check regarding such applicant.

5601.2.3.1.2 Issuance of a BCC. The issuance of a BCC shall be denied if the applicant or designated person representing an applicant has been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority.

5601.2.3.1.3 Fee for BCC. The fee for obtaining or renewing a BCC from the SFMO shall be $150 plus any additional fees charged by other agencies for fingerprinting and for obtaining a national criminal history record check through the Central Criminal Records Exchange to the Federal Bureau of Investigation.

5601.2.3.1.4 Revocation of a BCC. After issuance of a BCC, subsequent conviction of a felony will be grounds for immediate revocation of a BCC, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof. The BCC shall be returned to the SFMO immediately. An individual may reapply for his BCC if his civil rights have been restored by the Governor or other appropriate authority.

5601.2.4 Financial responsibility. Before a permit is issued, as required by Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $500,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The legal department of the jurisdiction may specify a greater amount when conditions at the location of use indicate a greater amount is required. Government entities shall be exempt from this bond requirement.

5601.2.4.1 Blasting. Before approval to do blasting is issued, the applicant for approval shall file a bond or submit a certificate of insurance in such form, amount, and coverage as determined by the legal department of the jurisdiction to be adequate in each case to indemnify the jurisdiction against any and all damages arising from permitted blasting but in no case shall the value of the coverage be less than $1,000,000.

Exception: Filing a bond or submitting a certificate of liability insurance is not required for blasting on real estate parcels of five or more acres conforming to the definition of "real estate devoted to agricultural use" or "real estate devoted to horticultural use" in § 58.1-3230 of the Code of Virginia and conducted by the owner of such real estate.

5601.2.4.2 Fireworks display. The permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the legal department of the jurisdiction for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors, but in no case shall the value of the coverage be less than $1,000,000.

F. Change entire Section 5601.4 to read:

5601.4 Qualifications. Persons in charge of magazines, blasting, fireworks display, or pyrotechnic special effect operations shall not be under the influence of alcohol or drugs which impair sensory or motor skills, shall be at least 21 years of age and possess knowledge of all safety precautions related to the storage, handling or use of explosives, explosive materials or fireworks.

5601.4.1 Certification of blasters and pyrotechnicians. Certificates as a restricted blaster, unrestricted blaster or pyrotechnician will be issued upon proof of successful completion of an examination approved by the SFMO commensurate to the certification sought and completion of a background investigation for compliance with § 27-97.2 of the Code of Virginia. The applicant for certification shall submit proof to the SFMO of the following experience:

1. For certification as a restricted blaster, at least one year under direct supervision by a certified unrestricted blaster, certified restricted blaster or other person(s) approved by the SFMO.

2. For certification as an unrestricted blaster, at least one year under direct supervision by a certified unrestricted blaster or other person or persons approved by the SFMO.

3. For certification as a pyrotechnician, aerial, or pyrotechnician, proximate, applicant was in responsible charge of or has assisted in the documented design, setup and conducting of a fireworks display on at least six occasions within the 24 months immediately preceding the application for certification.

The SFMO shall process all certification applicants for compliance with § 27-97.2 of the Code of Virginia and will be the sole provider of blaster and pyrotechnician certifications.

Exception: The use of explosives by the owner of real estate parcels of five or more acres conforming to the definition of "real estate devoted to agricultural use" or "real estate devoted to horticultural use" in § 58.1-3230 of the Code of Virginia when blasting on such real estate.

5601.4.2 Certification issuance. The issuance of a certification as a blaster or pyrotechnician shall be denied if the applicant has (i) been convicted of any felony, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, unless his civil rights have been restored by the Governor or other appropriate authority, (ii) has not provided acceptable proof or evidence of the experience required in Section 5601.4.1, or (iii) has not provided acceptable proof or evidence of the continued training or education required in Section 5601.4.5.

5601.4.3 Fee for certification. The fee for obtaining or renewing a blaster or pyrotechnician certificate from the SFMO shall be $150 plus any additional fees charged by other agencies for fingerprinting and for obtaining a national criminal history record check through the Central Criminal Records Exchange to the Federal Bureau of Investigation.

5601.4.3.1 Fee for replacement certificate. A written request for a replacement blaster or pyrotechnician certificate shall be accompanied by the payment of an administrative fee in the amount of $20 made payable to the Treasurer of Virginia. Verbal requests shall not be accepted.

5601.4.4 Revocation of a blaster or pyrotechnician certification. After issuance of a blaster or pyrotechnician certification, subsequent conviction of a felony will be grounds for immediate revocation of a blaster or pyrotechnician certification, whether such conviction occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof. The certification shall be returned to the SFMO immediately. An individual may subsequently reapply for his blaster or pyrotechnician certification if his civil rights have been restored by the Governor or other appropriate authority.

5601.4.5 Expiration and renewal of a BCC, or blaster or pyrotechnician certification. A certificate for an unrestricted blaster, restricted blaster or pyrotechnician shall be valid for three years from the date of issuance. A BCC shall be valid for three years from the date of issuance. Renewal of the unrestricted blaster certificate will be issued upon proof of at least 16 accumulated hours of continued training or education in the use of explosives within three consecutive years and a background investigation for compliance with § 27-97.2 of the Code of Virginia. Renewal of the restricted blaster certificate will be issued upon proof of at least eight accumulated hours of continued training or education in the use of explosives within three consecutive years and a background investigation for compliance with § 27-97.2 of the Code of Virginia. Renewal of the pyrotechnician certificate will be issued upon proof of at least 12 accumulated hours of continued training or education in the subject areas of explosives storage; the design, setup or conduct of a fireworks display within three consecutive years; and a background investigation for compliance with § 27-97.2 of the Code of Virginia. The continued training or education required for renewal of a blaster or pyrotechnician certificate shall be obtained during the three years immediately prior to the certificate's published expiration date. Failure to renew a blaster or pyrotechnician certificate in accordance with this section shall cause an individual to obtain another blaster or pyrotechnician certificate upon compliance with Section 5601.4.1 to continue engaging in the unsupervised use of explosives or conducting a fireworks display.

5601.4.6 Denial, suspension or revocation of a certificate. If issuance or renewal of a blaster or pyrotechnician certificate is denied, or upon the filing of a complaint against an applicant or certificate holder for non-performance, or performance in violation of the SFPC and the appropriate referenced NFPA 495, 1123 or 1126 standards, the State Fire Marshal may convene a three-member panel to hear the particulars of the complaint or denial. The three-member panel will be comprised of the following persons:

1. A Virginia certified fire official, excluding any person certified as a blaster or pyrotechnician, or who is on the staff of the SFMO.

2. A Virginia certified blaster or pyrotechnician whose certification is the same as that of the person to whom a complaint is lodged, and who is not associated in any way with the person against whom a complaint is lodged and whose work or employer is geographically remote, as much as practically possible, from the person to whom a complaint is lodged.

3. A member of the general public who does not have a vested financial interest in conducting a fireworks display, or the manufacture, sale, storage, or use of explosives.

Upon the State Fire Marshal convening such panel, the hearing is to commence within 60 calendar days of the filing of the complaint or denial. The three-member panel is to hear the complaint and render a written recommendation to the State Fire Marshal for certificate issuance, no action, revocation, or suspension of a certificate for a period not to exceed six months. Notwithstanding the discretionary decision and action to convene such panel, the State Fire Marshal reserves the authority to choose an action that may be contrary to the panel's recommendation. A written decision of the State Fire Marshal is to be delivered to the party within 14 days of the hearing's conclusion. If the certificate is denied, revoked, or suspended by the SFMO, in accordance with Section 112.9, the party may file an appeal with the State Review Board. The party's appeal to State Review Board must be filed within 14 calendar days of the receipt of the State Fire Marshal's written decision to deny, revoke, or suspend. The denial, revocation, or suspension of a license is independent of any criminal proceedings that may be initiated by any state or local authority.

5601.4.6.1 Replacement of revoked certificate. Any person whose certificate as a pyrotechnician or blaster was revoked upon cause may apply for certification as a pyrotechnician or blaster six months or more from the date of the revocation and upon compliance with Section 5601.4.1. All elements of Section 5601.4.1 are required to be obtained and dated after the date of revocation.

5601.4.6.2 Return of suspended certificate. Any certificate that was suspended upon cause will be reinstated at the end of the suspension period without change to its expiration date.

G. Change Section 5601.7 to read:

5601.7 Seizure. The fire official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.

H. Change Section 5601.8.1.1 to read:

5601.8.1.1 Mass-detonating explosives (Division 1.1, 1.2 or 1.5). The total net explosive weight of mass-detonating explosives (Division 1.1, 1.2 or 1.5) shall be used. See Table 5604.5.2(1) as appropriate.

Exception: Where the TNT equivalence of the explosive material has been determined, the equivalence is allowed to be used to establish the net explosive weight.

I. Change Section 5601.8.1.3 to read:

5601.8.1.3 Combinations of mass-detonating and non-mass-detonating explosives (excluding Division 1.4). Combination of mass-detonating and non-mass-detonating explosives (excluding Division 1.4) shall be as follows:

1. Where Divisions 1.1 and 1.2 explosives are located in the same site, determine the distance for the total quantity considered first as Division 1.1 and then as Division 1.2. The required distance is the greater of the two. Where the Division 1.1 requirements are controlling and the TNT equivalence of the Division 1.2 is known, the TNT equivalent weight of the Division 1.2 items shall be allowed to be added to the total explosive weight of Division 1.1 items to determine the net explosive weight for Division 1.1 distance determination. See Table 5604.5.2(2) as appropriate.

2. Where Divisions 1.1 and 1.3 explosives are located in the same site, determine the distances for the total quantity considered first as Division 1.1 and then as Division 1.3. The required distance is the greater of the two. Where the Division 1.1 requirements are controlling and the TNT equivalence of the Division 1.3 is known, the TNT equivalent weight of the Division 1.3 items shall be allowed to be added to the total explosive weight of Division 1.1 items to determine the net explosive weight for Division 1.1 distance determination. See Table 5604.5.2(1) or Table 5604.5.2(2) as appropriate.

3. Where Divisions 1.1, 1.2 and 1.3 explosives are located in the same site, determine the distances for the total quantity considered first as Division 1.1, next as Division 1.2 and finally as Division 1.3. The required distance is the greatest of the three. As allowed by subdivisions 1 and 2 of this subsection, TNT equivalent weights for Division 1.2 and Division 1.3 items are allowed to be used to determine the net weight of explosives for Division 1.1 distance determination. Table 5604.5.2(1) shall be used where TNT equivalency is used to establish the net explosive weight.

4. For composite pyrotechnic items Division 1.1 and Division 1.3, the sum of the net weights of the pyrotechnic composition and the explosives involved shall be used. See Tables 5604.5.2(1) and 5604.5.2(2).

J. Change Section 5605.6.4.1 to read:

5605.6.4.1 Magazines. Magazines used for storage in processing areas shall be in accordance with the requirements of Section 5604.5.1. Explosive materials shall be removed to appropriate storage magazines for unattended storage at the end of the work day. The contents of indoor magazines shall be added to the quantity of explosives contained at individual workstations and the total quantity of material stored, processed or used shall be utilized to establish the intraplant separation distances indicated by Table 5604.5.2(3) as appropriate.

K. Change Section 5606.5.2.1 to read:

5606.5.2.1 Smokeless propellant. Commercial stocks of smokeless propellants shall be stored as follows:

1. Quantities exceeding 20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden boxes having walls of not less than 1 inch (25 mm) nominal thickness or equivalent.

2. Quantities exceeding 100 pounds (45 kg), but not exceeding 800 pounds (363 kg), shall be stored in storage cabinets having walls not less than 1 inch (25 mm) nominal thickness or equivalent. Not more than 400 pounds (182 kg) shall be stored in any one cabinet, and cabinets shall be separated by a distance of at least 25 feet (7620 mm) or by a fire partition having a fire-resistance rating of at least 1 hour.

3. Storage of quantities exceeding 800 pounds (363 kg), but not exceeding 5,000 pounds (2270 kg) in a building shall comply with all of the following:

3.1. The storage is inaccessible to unauthorized personnel.

3.2. Smokeless propellant shall be stored in nonportable storage cabinets having wood walls not less than 1 inch (25 mm) nominal thickness or equivalent and having shelves with not no more than 3 feet (914 mm) of vertical separation between shelves.

3.3. No more than 400 pounds (182 kg) is stored in any one cabinet.

3.4. Cabinets shall be located against walls with at least 40 feet (12 192 mm) between cabinets.

3.5. The minimum required separation between cabinets may be reduced to 20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades must extend a minimum of 10 feet (3048 mm) outward, be firmly attached to the wall and be constructed of steel not less than 1/4 inch thick (6.4 mm), 2-inch (51 mm) nominal thickness wood, brick or concrete block.

3.6. Smokeless propellant shall be separated from materials classified as combustible liquids, flammable liquids, flammable solids or oxidizing materials by a distance of 25 feet (7620 mm) or by a fire partition having a fire-resistance rating of 1 hour.

3.7. The building shall be equipped throughout with an automatic sprinkler system installed in accordance with the applicable building code.

4. Smokeless propellants not stored in according to Item 1, 2, or 3 shall be stored in a Type 2 or 4 magazine in accordance with Section 5604 and NFPA 495.

L. Change Section 5606.5.2.3 to read:

5606.5.2.3 Small arms primers. Commercial stocks of small arms primers shall be stored as follows:

1. Quantities not to exceed 750,000 small arms primers stored in a building shall be arranged such that not more than 100,000 small arms primers are stored in any one pile and piles are not less than 15 feet (4572 mm) apart.

2. Quantities exceeding 750,000 small arms primers stored in a building shall comply with all of the following:

2.1. The warehouse or storage building shall not be accessible to unauthorized personnel.

2.2. Small arms primers shall be stored in cabinets. Not more than 200,000 small arms primers shall be stored in any one cabinet.

2.3. Shelves in cabinets shall have vertical separation of not less than 2 feet (610 mm).

2.4. Cabinets shall be located against walls of the warehouse or storage room with not less than 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets shall be allowed to be reduced to 20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades shall be firmly attached to the wall and shall be constructed of steel not less than 1/4 inch thick (6.4 mm), 2-inch (51 mm) nominal thickness wood, brick or concrete block.

2.5. Small arms primers shall be separated from materials classified as combustible liquids, flammable liquids, flammable solids or oxidizing materials by a distance of 25 feet (7620 mm) by a fire partition having a fire-resistance rating of 1 hour.

2.6. The building shall be protected throughout with an automatic sprinkler system installed in accordance with the applicable building code.

3. Small arms primers not stored in accordance with Item 1 or 2 of this section shall be stored in a magazine meeting the requirements of Section 5604 and NFPA 495.

M. Add the following to the list of definitions in Section 5602.1:

Background clearance card (BCC).

Blaster, restricted.

Blaster, unrestricted.

Design.

Designated individual.

Fireworks.

Fireworks, 1.4G.

Fireworks, 1.3G.

Permissible fireworks.

Pyrotechnician (fireworks operator).

Pyrotechnician, aerial.

Pyrotechnician, proximate.

Responsible management.

Smokeless propellants.

Sole proprietor.

N. Change Section 5603.4 to read:

5603.4 Accidents. Accidents involving the use of explosives, explosive materials, and fireworks, which result in injuries or property damage, shall be immediately reported by the permit holder to the fire code official and State Fire Marshal.

O. Change Section 5605.1 to read:

5605.1 General. The restricted and unrestricted manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall comply with the requirements of this section, NFPA 495, NFPA 1124, or NFPA 1126.

Exceptions:

1. The hand loading of small arms ammunition prepared for personal use and not offered for resale.

2. The mixing and loading of blasting agents at blasting sites in accordance with NFPA 495.

P. Add Section 5605.1.1 to read:

5605.1.1 Permits. Permits for the restricted and unrestricted explosives manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall be required as set forth in Section 107.2 and regulated in accordance with this section. A permit for unrestricted explosives manufacturing of any explosive material shall be prohibited unless such manufacture is authorized by a federal license and conducted in accordance with recognized safety practices. All restricted explosives manufacturing shall comply with the instructions provided by the supplier of the components used in the manufacture of the explosive material.

Exceptions:

1. Any recreational use of reactive targets is not required to obtain a permit for restricted explosives manufacture or explosives use when such manufacture and use complies with all of the following:

1.1. The manufacture and use is limited to one pound or less per unit on private property with the permission of the property owner and used no closer than 500 feet from a roadway or structure;

1.2. The manufacture of the reactive target complies with the instructions provided by the producer of the components used in the manufacture;

1.3. The reactive target manufactured is for immediate use without any residual storage or transportation; and

1.4. The exploding or use of the target is in conformance with its intended purpose by the manufacturer of the reactive target and does not involve the deliberate destruction of any property, vehicle, structure or animal life.

2. The owner of real estate parcels of five or more acres conforming to the definition of "real estate devoted to agricultural use" or "real estate devoted to horticultural use" in § 58.1-3230 of the Code of Virginia is not required to obtain a permit for restricted explosives manufacture when such manufacture complies with all of the following:

2.1. The manufacture of the explosives is conducted by the owner of such real estate;

2.2. The manufacture of the explosives complies with the instructions provided by the producer of the components used in the manufacture;

2.3. The explosive used does not include reactive targets;

2.4. The reactive target manufactured is for immediate use without any residual storage or transportation; and

2.5. A permit to use explosives has been obtained in accordance with Section 107.2.

3. An applicant that is performing nonpersonal, business work is not required to obtain a permit for restricted explosives manufacture when such manufacture complies with all of the following:

3.1. The applicant's certified blaster who manufactures the explosives complies with the instructions provided by the producer of the components used in the manufacture;

3.2. The explosive used does not include the use of reactive targets;

3.3. The explosive material manufactured is for immediate use without any residual storage or transportation; and

3.4. A permit to use explosives has been obtained in accordance with Section 107.2.

Q. Delete Section 5605.3.

R. Change Section 5605.4 to read:

(N)5605.4 Separation of manufacturing operating buildings from inhabited buildings, public traffic routes and magazines. Where an operating building on an explosive materials plant site is designed to contain explosive materials, such a building shall be maintained in accordance with the applicable building code.

S. Change Section 5605.5 to read:

(N)5605.5 Buildings and equipment. Buildings or rooms that exceed the maximum allowable quantity per control area of explosive materials shall be operated in accordance with this section.

Exception: Fireworks manufacturing buildings constructed and operated in accordance with NFPA 1124.

T. Delete Table 5605.3.

U. Change Section 5605.6.4 to read:

(N)5605.6.4 Quantity limits. The quantity of explosives at any particular work station shall be limited to that posted on the load limit signs for the individual work station. The total quantity of explosives for multiple workstations shall not exceed that established by the intraplant distances in accordance with the applicable building code.

V. Change Section 5606.4 to read:

5606.4 Storage in residences. Propellants for personal use in quantities not exceeding 50 pounds (23 kg) of black powder or 100 pounds (45 kg) of smokeless powder shall be stored in original containers in occupancies limited to Groups R-3 and R-5, or 200 pounds (91 kg) of smokeless powder when stored in the manufacturer's original containers in detached Group U structures that are at least 10 feet from inhabited buildings and are accessory to Group R-3 or R-5. In other than Group R-3 or R-5, smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) shall be kept in a wooden box or cabinet having walls of at least one inch (25 mm) nominal thickness or equivalent.

W. Delete Sections 5606.4.1, 5606.4.2, and 5606.4.3.

X. Change Section 5606.5.1.1 to read:

5606.5.1.1 Smokeless propellant. No more than 100 pounds (45 kg) of smokeless propellants, in containers of 8 pounds (3.6 kg) or less capacity, shall be displayed in Group M occupancies.

Y. Delete Section 5606.5.1.3.

Z. Change Section 5606.5.2.1 to read:

5606.5.2.1 Smokeless propellant Commercial stocks of smokeless propellants shall be stored as follows:

1. Quantities exceeding 20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden boxes having walls of at least one inch (25 mm) nominal thickness or equivalent.

2. Quantities exceeding 100 pounds (45 kg), but not exceeding 800 pounds (363 kg), shall be stored in storage cabinets having walls at least one inch (25 mm) nominal thickness or equivalent. Not more than 400 pounds (182 kg) shall be stored in any one cabinet, and cabinets shall be separated by a distance of at least 25 feet (7620 mm) or by a fire partition having a fire-resistance rating of at least one hour.

3. Storage of quantities exceeding 800 pounds (363 kg), but not exceeding 5,000 pounds (2270 kg) in a building shall comply with all of the following:

3.1. The storage is inaccessible to unauthorized personnel.

3.2. Smokeless propellant shall be stored in nonportable storage cabinets having wood walls at least one inch (25 mm) nominal thickness or equivalent and having shelves with no more than three feet (914 mm) of vertical separation between shelves.

3.3. No more than 400 pounds (182 kg) is stored in any one cabinet.

3.4. Cabinets shall be located against walls with at least 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets may be reduced to 20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades must extend a minimum of 10 feet (3048 mm) outward, be firmly attached to the wall, and be constructed of steel not less than 0.25 inch thick (6.4 mm), two-inch (51 mm) nominal thickness wood, brick, or concrete block.

3.5. Smokeless propellant shall be separated from materials classified as combustible liquids, flammable liquids, flammable solids, or oxidizing materials by a distance of 25 feet (7620 mm) or by a fire partition having a fire-resistance rating of one hour.

3.6. The building shall be equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.

4. Smokeless propellants not stored according to Item 1, 2, or 3 above shall be stored in a Type 2 or 4 magazine in accordance with Section 5604 and NFPA 495.

AA. Change Section 5607.1 to read:

5607.1 General. Blasting operations shall be conducted only by persons certified by the SFMO as a restricted or unrestricted blaster or shall be supervised on-site by a person properly certified by the SFMO as a restricted or unrestricted blaster.

BB. Add Section 5607.16 to read:

5607.16 Blast records. A record of each blast shall be kept and retained for at least five years and shall be readily available for inspection by the code official. The record shall be in a format selected by the blaster and shall contain the minimum data and information indicated in Form 5607.16.

Form 5607.16
Blast (shot) Record

Block 1
General Information

1

Blast date:

Blast Number:

Blast Time:

Permit Number:

2

Blast location by address including city, county or town:

3

Blast location by GPS coordinates: □ check box if unknown

4

Name of Permit Holder:

5

Name of Blaster in charge (print):

6

Signature of Blaster in charge:

7

Certification Number of Blaster in charge:

Block 2
General Environmental Conditions

1

Weather (Clear? Cloudy? Overcast?)

Wind direction and speed


@________mph

Temperature

F° / C°

2

Topography (Flat? Hilly? Mountainous?)

Distance from blast site to nearest inhabited building:

Distance from nearest inhabited building determined by:

□ GPS coordinates
□ Measurement
□ Estimated

3

Use of nearest inhabited building (Dwelling? Business? Apartment Building? School?)

Direction from blast site to nearest inhabited building:

Direction from blast site to nearest inhabited building determined by:

□ GPS instrument

□ Compass

□ Estimated

Additional Blaster notations on environmental conditions:

Block 3
Shot Layout and Precautions Taken (N/A = Not Applicable)

1

Number of holes


Diameter of hole or holes

Depth of hole or holes

2

Were any holes decked?


□ Yes

□ No

How many holes were decked?

□ N/A

How many decks per hole?


□ N/A

(If applicable, indicate on any attached shot pattern drawing which holes were decked and the number of decks for the holes.)

3

Shot pattern


□ Check this box if only single hole.

Depth of sub-drilling

Drilling angle

4

Burden

Spacing of holes

Water height

5

Stemming height

Material used for stemming

Check box for flyrock precautions taken


□ Mats

□ Overburden

□ None taken

Additional Blaster notations on shot layout and precautions:

Block 4
Seismic Control Measures (N/A = Not Applicable)

1

Was scaled distance formula used?

□ Yes

□ No

Indicate which scaled distance equation was used. □ N/A

□ W(lb)={D(ft)/50}2


□ W(lb)={D(ft)/55}2


□ W(lb)={D(ft)/65}2

Maximum allowable charge weight per 8 ms based on scaled distance. □ N/A

2

Was seismograph used?

□ Yes

□ No

Seismograph manufacturer and model number: □ N/A

Seismograph serial number:

□ N/A

Seismograph's last calibration date. □ N/A

3

Distance and direction seismograph from blast site □ N/A

Distance determined by:

□ N/A □ GPS coordinates

□ Estimated □ Measurement

4

Seismograph □ N/A

Geophone Minimum Frequency _______Hz

Seismograph

Microphone Minimum Frequency _______Hz

Seismograph recordings: □ N/A

Transverse _____in/s ____ Hz

Vertical _____in/s ____ Hz

Longitudinal _____in/s ____ Hz

Acoustic ______dB ____ Hz

5

Seismograph trigger level □ N/A


_____ in/s _____dB

Additional Blaster notations on seismic control measures:

Block 5
Quantity and Product

1

Maximum allowable charge weight per 8 ms interval

□ Delay not used

_____ lbs

Initiation (Check)


□ Electric

□ Non-electric

□ Electronic

2

Maximum number of holes/decks per 8 ms interval

□ Delay not used

_____ lbs

3

Maximum weight or sticks of explosive per hole


_____ lbs

Firing device manufacturer and model: □ N/A

Explosive Product listing (Attach additional pages as needed.)

4

Manufacturer

Product name, description or brand

Number of units

Unit weight (lb)

5

Total explosive weight in this shot: lbs.

Additional Blaster notations on product and quantities:

Block 6
Completion of Shot Record and General Comments

General comments on shot not included in notes above:

Date shot report completed:

Time shot report completed:

Printed name and signature of person completing shot report if different from Block 1, Lines 5 and 6.

(Print)

(Signature)

CC. Change Section 5608.2 to read:

5608.2 Permit application. Prior to issuing permits for a fireworks display, plans for the fireworks display, inspections of the display site and demonstrations of the display operations shall be approved. A plan establishing procedures to follow and actions to be taken in the event that a shell fails to ignite in, or discharge from, a mortar or fails to function over the fallout area or other malfunctions shall be provided to the fire code official.

In addition to the requirements of Section 5601.2.3.1, a permit to conduct a fireworks display shall not be issued to any applicant without the applicant identifying on the application the pyrotechnician who will be in responsible charge of the fireworks display and who is appropriately certified as a pyrotechnician in accordance with Section 5601.4.1.

Exception: Permits are not required for the use or display of permissible fireworks on private property with the consent of the owner of such property.

DD. Change Section 5608.3 to read:

5608.3 Approved fireworks displays. Approved fireworks displays shall include only the approved fireworks 1.3G, fireworks 1.4G, fireworks 1.4S and pyrotechnic articles 1.4G. The design, setup, conducting or direct on-site supervision of the design, setup and conducting of any fireworks display, either inside a building or outdoors, shall be performed only by persons certified by the SFMO in accordance with Section 5601.4.1 as a pyrotechnician (firework operator) and at least one person properly certified by the SFMO as a pyrotechnician shall be present at the site where the fireworks display is being conducted. The approved fireworks shall be arranged, located, discharged and fired in a manner that will not pose a hazard to property or endanger any person.

Exception: Certification as a pyrotechnician is not required for the use or display of permissible fireworks when conducted on private property with the consent of the owner of such property.

EE. Change Section 5608.4 to read:

5608.4 Clearance. Spectators, spectator parking areas, and dwellings, buildings or structures shall not be located within the display site. The site for the outdoor land or water display shall have at least 100-ft/in. (31-m/2.4mm) radius of internal mortar diameter of the largest shell to be fired as shown in Table 5608.4.

Exceptions:

1. This provision shall not apply to pyrotechnic special effects and fireworks displays using Division 1.4G materials before a proximate audience in accordance with NFPA 1126.

2. This provision shall not apply to unoccupied dwellings, buildings and structures with the approval of the building owner and the fire code official.

FF. Add Table 5608.4 to read:

Table 5608.4
Distances for Outdoor Fireworks Display Sites: Minimum Separation Distances from Mortars to Spectators for Land and Water Displays

Mortar Sizea

Minimum Secured Diameter of Site

Vertical Mortarsb

Angled Mortarsc
1/3 offset

Mortars to Special Hazardsd

in.

mm

ft

m

ft

m

ft

m

ft

m

<3

<76

300

92

150

46

100

31

300

92

3

76

600

183

300

92

200

61

600

183

4

102

800

244

400

122

266

81

800

244

5

127

1000

305

500

152

334

102

1000

305

6

152

1200

366

600

183

400

122

1200

366

7

178

1400

427

700

213

467

142

1400

427

8

203

1600

488

800

244

534

163

1600

488

10

254

2000

610

1000

305

667

203

2000

610

12

305

2400

732

1200

366

800

244

2400

732

>12

Requires the approval of the fire official

a Aerial shells, mines, and comets shall be classified and described only in terms of the inside diameter of the mortar from which they are fired (e.g., 3-in. (76-mm) aerial shells, mines and comets are only for use in 3-in. (76mm) mortars).

b Where the mortars are positioned vertically, the mortars shall be placed at the approximate center of the display site.

c Mortars shall be permitted to be angled during a display to allow for wind and to carry shells away from the main spectator viewing areas. For angled mortars, the minimum secured diameter of the display site does not change. Only the location of the mortars within the secured area changes when the mortars are angled.

d Note that this is only the distance to the special hazards. The minimum secured diameter of the display site does not change.

GG. Add Sections 5608.4.1 and 5608.4.2 to read:

5608.4.1 Non-splitting, non-bursting comets and mines. For non-splitting or non-bursting comets and mines containing only stars or non-splitting or non-bursting comets, the minimum required radius of the display site shall be 50 feet per inch (15.24 m per 25.4 mm) of the internal mortar diameter of the largest comet or mine to be fired, one-half that shown in Table 5608.4.

5608.4.2 Special distance requirements. The minimum distance requirements of Table 5608.4 shall be adjusted as follows:

1. For chain-fused aerial shells and comets and mines to be fired from mortars, racks, or other holders that are sufficiently strong to prevent their being repositioned in the event of an explosive malfunction of the aerial shells, comets, or mines, the minimum required radius shall be the same as that required in Sections 5608.4 and 5608.4.1. For chain-fused aerial shells and comets and mines to be fired from mortars, racks, or other holders that are not sufficiently strong to prevent their being repositioned in the event of an explosive malfunction of the aerial shells, comets, or mines, or if there is doubt concerning the strength of racks holding chain-fused mortars, based upon the largest mortar in the sequence, the minimum required radius shall be double that required in Sections 5608.4 and 5608.4.1.

2. Distances from the point of discharge of any firework to a health care or detention and correctional facility, or the bulk storage of materials that have flammability, explosive, or toxic hazard shall be at least twice the distances specified in Table 5608.4.

3. The minimum required spectator separation distance for roman candles and cakes that produce aerial shells, comets, or mine effects shall be the same as the minimum required radius specified in Table 5608.4.

4. Aerial shells, comets and mines, and roman candles and cakes shall be permitted to be angled if the dud shells or components are carried away from the main spectator area and either of the following requirements is satisfied:

4.1. The offset specified in Table 5608.4 is followed.

4.2. The separation distance is correspondingly increased in the direction of the angle.

If the offset provided in Table 5608.4 is followed, the mortars or tubes shall be angled so that any dud shells or components fall at a point approximately equal to the offset of the mortars or tubes from the otherwise required discharge point but in the opposite direction.

Statutory Authority

§ 27-97 of the Code of Virginia.

Historical Notes

Derived from Volume 13, Issue 12, eff. April 15, 1997; amended, Virginia Register Volume 16, Issue 20, eff. September 15, 2000; Volume 17, Issue 07, eff. January 17, 2001; Volume 19, Issue 25, eff. October 1, 2003; Volume 22, Issue 03, eff. November 16, 2005; Volume 24, Issue 14, eff. May 1, 2008; Volume 27, Issue 02, eff. March 1, 2011; Change in Effective Date, 27:5 VA.R. 533 November 8, 2010; Errata, 27:11 VA.R. 1265 January 31, 2011; amended, Virginia Register Volume 30, Issue 16, eff. July 14, 2014; Volume 34, Issue 18, eff. October 16, 2018.

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