Subchapter C. FIREWORKS
GENERAL PROVISIONS Sec.
5.51. Definitions.
5.52. Scope.
5.53. Penalty.
SPECIFICATIONS
5.61. General.
5.62. Location.
5.63. Enclosure.
5.64. Manufacturing.
5.65. Fire protection.
5.66. Transportation.
5.67. Certificate of operation.
Authority The provisions of this Subchapter C issued under act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-12), unless otherwise noted.
Source The provisions of this Subchapter C adopted June 14, 1930, amended through July 1, 1968, unless otherwise noted.
GENERAL PROVISIONS
§ 5.51. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Fireworks—A combustible or explosive composition, substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.
Fireworks factory building—A building or structure in which the manufacture of fireworks, other than sparklers, or in which processing involving fireworks, is carried on.
Fireworks plant—Lands with buildings thereon, used in connection with the manufacturing or processing of fireworks, as well as the storehouses for the storage of finished fireworks.
Fireworks storage building—A building in a fireworks plant used exclusively for the storage of finished or unfinished fireworks of less than 100 pounds.
Magazine—A box or building used exclusively for the storage of explosive raw materials used in the manufacture of fireworks or for the storage of finished or unfinished fireworks in excess of 100 pounds.§ 5.52. Scope.
This subchapter sets forth rules to safeguard the lives, limbs and health of workers in fireworks plants, and places the responsibility of compliance with the rules upon both employer and employe.
§ 5.53. Penalty.
A person who violates this subchapter or the regulations of the Department or who interferes with the Department or its authorized representatives in the enforcement of this subchapter or the regulations, shall be penalized under section 15 of the act of May 18, 1937 (P. L.654, No. 174) (43 P. S. § 25-15).
SPECIFICATIONS
§ 5.61. General.
No fireworks factory building or fireworks storage building shall contain more than 100 pounds of explosives at any one time, except finished or unfinished fireworks stored in class A magazines; ‘‘100 pounds of explosives’’ shall mean the sum total of raw material and processing material.
§ 5.62. Location.
(a) No fireworks plant may be located nearer than 2,000 feet from any inhabited building, 1,300 feet from railroad tracks or 650 feet from the nearest highway. For quantities of explosives greater than 25,000 pounds, the American Quantity and Distance Tables shall be used to govern the location of the fireworks plant, under act of April 27, 1927 (No. 291) (35 P. S. § 119.4) (Repealed).
(b) No fireworks factory building shall be located nearer than 80 feet from any other fireworks factory building, 100 feet from any fireworks storage building, or 300 feet from any magazine.
(c) No magazine containing up to and including 5,000 pounds of explosives shall be located nearer than 300 feet from any other magazine or fireworks storage building. No fireworks storage building shall be located nearer than 100 feet from any other fireworks storage building.
(d) Factory buildings, storage buildings, and magazines for quantities of fireworks in excess of 5,000 pounds shall be subject to the Intraplant Quantity and Distance Table in subsection (e).
(e) Unbarricaded factory buildings and magazines shall conform with the following:
(1) All unbarricaded factory buildings shall be located one from the other and from other buildings on explosives plants in which persons are regularly employed, and all unbarricaded magazines shall be located from factory buildings and buildings on explosives plants in which persons are regularly employed, in conformity with the following table:Intraplant Quantity and Distance Table
Explosives (in pounds) Distance (in feet) 0—10 See paragraph (2) 10—25 40 25—50 60 50—100 80 100—200 100 200—300 120 300—400 130 400—500 140 500—750 160 750—1,000 180 1,000—1,500 210 1,500—2,000 230 2,000—3,000 260 3,000—4,000 280 4,000—5,000 300 5,000—6,000 320 6,000—7,000 340 7,000—8,000 360 8,000—9,000 380 9,000—10,000 400 10,000—12,500 420 12,500—15,000 450 15,000—17,500 470 17,500—20,000 490 20,000—25,000 530 25,000—30,000 560 30,000—35,000 590 35,000—40,000 620 40,000—45,000 640 45,000—50,000 660 50,000—55,000 680 55,000—60,000 700 60,000—65,000 720 65,000—70,000 740 70,000—75,000 770 75,000—80,000 780 80,000—85,000 790 85,000—90,000 800 90,000—95,000 820 95,000—100,000 830 100,000—125,000 900 125,000—150,000 950 150,000—175,000 1,000 175,000—200,000 1,050 200,000—225,000 1,100 225,000—250,000 1,150 (2) If up to ten pounds of explosives are involved, the only requirement is that they be stored in a separate building or within substantial dividing walls.
(f) Barricaded factory buildings and magazines shall conform with the following:
(1) The term means a physical barrier, natural or artificial, around the building or magazine to protect life and limb in buildings and on highways, railroads, and railways from damage by premature explosion.
(2) The methods of barricading are as follows:
(i) The building or magazine shall be located in an isolated ravine.
(ii) An excavation at the foot or side of a mountain shall be made sufficiently deep to provide protection on the sides and end of the building or magazine. A 2 foot space will be allowed between the building or magazine and the excavated sides.
(iii) A substantial barricade of concrete or timber shall be constructed.
(3) Barricaded magazines or factory buildings shall be located not less than 1/2 the distance from buildings, magazines, highways, railroads and railways as required for unbarricaded factory buildings or magazines, in subsection (e).
Cross References This section cited in 34 Pa. Code § 5.120 (relating to cleanliness); 34 Pa. Code § 5.122 (relating to tables of quantity and distance); 34 Pa. Code § 5.145 (relating to machine mixing house); 34 Pa. Code § 5.191 (relating to distance limitations); and 34 Pa. Code § 5.192 (relating to operation).
§ 5.63. Enclosure.
All fireworks plants shall be enclosed on all sides by a substantial fence and all openings to such enclosure shall be fitted with suitable gates, which when not locked shall be in the charge of a competent watchman who shall have charge of the fireworks plant when it is not in operation. No person other than authorized employes or representatives of authorized State or Federal departments having jurisdiction over such establishments shall be allowed in any fireworks plants, except upon written permission of the owner manager, or other person in authority. The fence shall not be nearer than 100 feet from the nearest building.
§ 5.64. Manufacturing.
(a) No stove or exposed flame or electric heating device shall be used in any part of a fireworks plant, except in the boiler room or machine shop, if no fireworks or chemicals are stored therein.
(b) All parts of the buildings in fireworks plants shall be kept clean, orderly and free from accumulation of dust or rubbish. Powder or other explosive materials, when spilled on the floor, shall be immediately cleaned up.
(c) Electric motors, metallic belt fasteners or other devices which might cause a spark due to static electricity shall not be used. Metal tools shall not be utilized where explosive raw materials are being used. Kegs or containers containing explosives shall be opened with wooden or fibre mallets. No metal hammers, screw drivers or other tools shall be used.
(d) Fireworks in a finished or unfinished state shall not be kept or stored in buildings where other fireworks are in the process of manufacture, or where explosive raw material is stored.
(e) All explosive raw materials used in the manufacture of fireworks shall be kept in class A magazines, and each kind of explosive raw material shall be kept in a separate container. Covers shall be provided and used on all kegs or containers. Explosive raw materials used for current work each day may be kept in the factory building if they are kept in class C magazines when not actually being used. The amount remaining each day may be permitted to remain in the class C magazine if the amount does not exceed 100 pounds. The construction specifications for class A and class C magazines are as follows:
(1) Class A magazines. In class A magazines the following requirements shall be met:
(i) The magazine shall be constructed of one of the following materials:
(A) Frame. The walls shall be constructed of two by four inch studding with a two inch plank outside wall. The inside wall shall be lined with tongued and grooved roofers. The outer wall shall be covered with No. 26 gage galvanized corrugated iron or sheet steel on the outside. The space between the outer and inner wall shall be filled with dry, coarse sand (not crushed stone or gravel). All lumber shall be well-seasoned and free from loose knots, wind shakes, bark edges or decay.
(B) Brick. The wall shall be 8 inches in thickness. The bricks shall be of medium soft variety laid in cement mortar containing not over 25% lime.
(C) Concrete. The walls shall be 6 inches in thickness constructed of nine parts sand and one part cement, and 1/2 inch face surface of three parts sand and one part cement.
(D) Tile. The walls shall be constructed of either 6 inch or 8 inch tile. The spaces in the tile shall be filled with dry, coarse sand (not crushed stone or gravel).
(ii) The foundation shall be constructed of stone laid in cement, concrete, or brick piers, or a solid foundation may be used.
(iii) Magazines of less than 30,000 pounds capacity shall have 7/8 inch tongued and grooved flooring. Magazines of larger capacity shall have double flooring.
(iv) The floor and ceiling shall be constructed to within 2 inches of the walls in order to provide a 2 inch ventilation space.
(v) All nail heads shall be countersunk. No metal shall be exposed within the building.
(vi) The door shall be 3 feet wide and 6 1/2 feet high, constructed of at least three layers of 7/8 inch hardwood lumber and metal covered.
(vii) A bulletproof sand roof shall be used, constructed as a form box by laying a floor of a good grade of tongued and grooved boards on ceiling joists and build a 1 by 4 inch rim, line with one layer of building paper and fill with 4 inches of dry, coarse sand (not crushed stone or gravel).
(viii) The outer roof shall be covered with No. 26 galvanized corrugated iron fastened to 7/8 inch sheathing with galvanized nails and lead washers. Galvanized iron ridge rool shall be used.
(ix) The cornice of the roof shall be constructed of No. 26 gauge galvanized flat iron, bent over roof sheathing and ends of rafters and extending three inches down the wall.
(x) Gutters and down spouts should be used on the door side only.
(xi) Ventilators shall be spaced not more than 5 feet center to center on sides and roof.
(xii) All materials and workmanship used in the construction of magazines shall be first class.
(2) Class C magazines. The following requirements shall be complied with:
(i) The principle of construction is simply placing one substantial box inside of another with a 5 inch space filled with dry, coarse sand (not crushed stone or gravel).
(ii) The outer box shall be built on the type of an ordinary contractor’s tool box, equipped with a sloping hinged lid.
(iii) The box shall be constructed of 7/8 inch tongued and grooved boards or 1 1/8 inch plain lumber. The outside of the box shall be covered with not less than No. 24 gauge sheet iron if used in open quarry work.
(iv) The outer box will be 1 foot longer, 1 foot wider and 6 inches deeper than the inner box so that when the inner box is set inside the outer box the tops will be level with each other and there will be a 5 inch space on all sides for sand filling. The inner box shall be set inside of the larger box and fastened into place.
(v) The inside of all boxes shall be surfaced. No nail, bolt or metal screw heads shall be exposed on the inside of the box.
(vi) At the top, sides and ends of each box, there shall be cut 1/4 inch by 2 inch notches, spaced about 1 foot apart, and not directly opposite.
(vii) The box (magazine) shall be set so that it is level and supported either on wooden sills, bricks or piers. The bottom of the magazine shall be kept about 6 inches off the ground.
(viii) The space between boxes shall be filled with dry, coarse sand (not crushed stone or gravel) to within 1/4 inch of the top of the boxes. To prevent sand from falling into the storage space or into a shifting position, a cover may be placed over the sand space.
(ix) All magazines shall be provided with substantial locks.
(x) Upon each end of the magazine, above the side walls, or upon its barricade, there shall be kept conspicuously posted at all times a sign with the words ‘‘MAGAZINE—EXPLOSIVES—DANGEROUS,’’ legibly printed in letters not less than six inches in height.
(f) Employes handling loose explosives or working in or around factory buildings where there is a possibility of explosion by the attrition of metals shall wear powder or rubber soled shoes, without iron or steel nails. Neither iron nor steel buttons, nor other metal attachments, shall be worn on clothes, nor shall metal objects, such as knives, keys, and the like be carried in pockets. Suitable facilities shall be provided where employes may change their clothes. Washing facilities shall also be provided. No lockers are permitted in explosive buildings.
(g) All machinery and moving parts of machinery, ladders, floors, ventilation, lighting, sanitation and the like shall be in accordance with the regulations of the Department covering these subjects.
(h) Fireworks plants shall be lighted by electricity with vapor-proof keyless lamps where artificial light is necessary. Temporary or loose electric wiring or extension lights are prohibited. All wiring shall be of a permanent character installed in rigid metal conduit. No open knife switches may be used.
(i) Where heating is desired, it shall be by means of steam, indirect hot air radiation, or hot water. Radiators shall be so placed that they may readily be cleaned underneath and behind.
(j) Workrooms in factory buildings shall have at least two means of exit leading directly or ultimately to the outside.
(k) No fireworks shall be manufactured except such as are approved for transportation by the Interstate Commerce Commission.
(l) No fireworks, or component parts of fireworks, shall be dried in the open or outdoors. Where drying is necessary it shall be done in a dryhouse.
§ 5.65. Fire protection.
(a) Fireworks plants and all buildings situated within fireworks enclosures shall be equipped with suitable fire protection, commensurate with the hazard involved. Such fire protection shall be installed as directed by the Department.
(b) No person shall smoke or carry matches or other flame-producing device, or a lighted cigarette, cigar or pipe, within any room or enclosure or upon any part of a fireworks plant. Fireworks plants shall be posted with conspicuous ‘‘NO SMOKING’’ signs.
§ 5.66. Transportation.
(a) Any vehicle carrying fireworks upon a public highway shall display signs on both sides and the rear of the vehicle reading ‘‘FIREWORKS—DANGER—KEEP FIRE AWAY.’’ The lettering on these signs shall not be less than 3 inches in height.
(b) No metal tools or other piece of metal shall be carried in the bed or body of a vehicle containing fireworks, unless contained in a suitable box or container.
(c) No exploders, detonators, blasting caps or other similar explosive materials shall be transported in a vehicle containing fireworks. Smoking is prohibited when the vehicle is transporting fireworks.
(d) Nothing in this section applies to the transportation of any article or thing shipped in conformity with the regulations of the Interstate Commerce Commission, nor to the military or naval forces of the United States, nor to the duly authorized militia of the State, nor to the use of signals necessary for the safe operation of railroads, steamboats, or aircraft.
§ 5.67. Certificate of operation.
(a) No fireworks plant shall open or continue to operate until a certificate of operation has been obtained from the Department.
(b) Application for such certificate shall be made by the owner, manager or operator of the plant, to the Department. The application shall include drawings or blueprints in quadruplicate of the general arrangement of buildings, showing the distances between buildings, the quantities of explosives to be stored in each building, and the location of the plant with respect to railroads, highways and other buildings.
(c) Upon receipt of an application, the Department will authorize an inspection of the premises of the applicant. If the conditions of the fireworks plant conform to the requirements of this subchapter, the Department will issue a certificate of operation.
(d) The certificate of operation shall be displayed under glass in the office or factory building and shall remain in force until revoked.
(e) The Department may revoke a certificate of operation any time a fireworks plant is not maintained in accordance with this subchapter.
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