PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-06-028.
Title of Rule and Other Identifying Information: Fireworks WAC 212-17-295, 212-17-310, and 212-17-315.
Hearing Location(s): General Administration Building, Commercial Vehicle Division Conference Room, 210 11th Avenue S.W., Olympia, WA 98504, (360) 570-3133, on May 23, 2006, at 10:00 a.m.
Date of Intended Adoption: May 24, 2006.
Submit Written Comments to: Deputy State Fire Marshall Larry Glenn, P.O. Box 42600, Olympia, WA 98504-2600, e-mail Larry.Glenn@wsp.wa.gov, fax (360) 570-3136, by May 22, 2006.
Assistance for Persons with Disabilities: Contact Mr. Larry Glenn by May 22, 2006, (360) 570-3133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify and amend safety rules to meet the 2000 Edition of the National Fire Protection Association standard #1123 for outdoor public fireworks displays shot from barges or floating vessels.
Statutory Authority for Adoption: Chapters 43.43 and 70.77 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: , governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Deputy State Fire Marshal Larry Glenn, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 570-3133.
A cost-benefit analysis is not required under RCW 34.05.328. There will be no cost to the industry.
April 17, 2006
John R. Batiste
Chief
OTS-8670.1
AMENDATORY SECTION(Amending WSR 05-12-033, filed 5/24/05,
effective 6/24/05)
WAC 212-17-295
Public display -- General.
((This section
shall apply to the construction, handling, and use of Division
1.3G display or Division 1.4G consumer fireworks intended
solely for public display. It shall also apply to the general
conduct and operation of the display.)) The intent of this
chapter shall be to provide requirements for clearances upon
which the authority having jurisdiction shall base its
approval of an outdoor fireworks display site. Where added
safety precautions have been taken, or particularly favorable
conditions exist, the authority having jurisdiction shall be
permitted to decrease the required separation distances as it
deems appropriate, upon demonstration that the hazard has been
reduced or the risk has been properly protected. Where
unusual or safety-threatening conditions exist, the authority
having jurisdiction shall be permitted to increase the
required separation distances as it deems necessary.
[Statutory Authority: Chapters 43.43 and 70.77 RCW. 05-12-033, § 212-17-295, filed 5/24/05, effective 6/24/05. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. 82-22-068 (Order FM 82-10), § 212-17-295, filed 11/2/82.]
(2) All shells shall be inspected upon delivery to the
display site by the display operators. Any shells having
tears, leaks, broken fuses, or showing signs of having been
wet shall be set aside and shall not be fired. After the
display, any such shells shall either be returned to the
supplier or be destroyed according to the supplier's
instructions.
Exception:Minor repairs to fuses shall be allowed. Also, for electrically ignited displays, attachment of electric
matches and other similar tasks shall be permitted.
(3) All shells shall be separated according to diameter
and stored in tightly covered containers of metal, wood, or
plastic or in fiber drums or corrugated cartons meeting United
States Department of Transportation specifications for
transportation of fireworks. A flame-resistant tarpaulin
shall be permitted to be used as a covering over the
containers, if additional protection is desired.
(4) The shell storage area shall be located at a minimum
distance of not less than 25 feet (7.6 m) from the discharge
site.
(5) During the display, shells shall be stored upwind
from the discharge site. If the wind should shift during the
display, the shell storage area should be relocated so as to
again be upwind from the discharge site.)) A ready box shall
be a portable, weather-resistant container that protects
contents from burning debris with a self-closing cover or
equivalent means of closure required.
(1) After delivery and prior to the display, all shells shall be separated according to size and their designation as salutes.
(2) Any display fireworks that will be temporarily stored at the display site during the fireworks display shall be stored in ready boxes separated according to size and their designation as salutes. Tarpaulins shall not be considered as ready boxes.
| Exception: | For electrically ignited displays, or displays where all shells are loaded into mortars prior to the show, there is no requirement for separation of shells according to size, for their designation as salutes, or for the use of ready boxes. |
| Exception No. 1: | Where permitted by the authority having jurisdiction, alternate measures shall be taken. |
| Exception No. 2: | Where there are no shells requiring storage during a display, such as for an electrically ignited display, no ready boxes shall be required. |
[Statutory Authority: Chapters 43.43 and 70.77 RCW. 05-12-033, § 212-17-310, filed 5/24/05, effective 6/24/05. Statutory Authority: Chapter 70.77 RCW. 90-10-006 (Order 90-02), § 212-17-310, filed 4/19/90, effective 5/20/90. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. 82-22-068 (Order FM 82-10), § 212-17-310, filed 11/2/82.]
(2) Mortars shall be positioned so that the shells are carried away from spectators and into a clear area acceptable to the authority having jurisdiction.
(3) Mortars shall be either buried securely into the
ground to a depth of 2/3 to 3/4 of their length or fastened
securely in mortar boxes or drums. In soft ground, heavy
timber (e.g. 4-inch thick) or rock slabs shall be placed
beneath the mortars to prevent their sinking or being driven
into the ground during firing.
Exception:Boxed finales and finale racks.
(4) In damp ground, a weather-resistant bag shall be
placed under the bottom of the mortar prior to placement in
the ground to protect the mortar against moisture.
(5) Weather-resistant bags shall be placed over the open
end of the mortar in damp weather to keep moisture from
accumulating on the inside surface of the mortar.
(6) Sand bags, dirt boxes, or other suitable protection
shall be placed around the mortars to protect the operator
from ground bursts. This requirement shall not apply to the
down-range side of the discharge site.
(7) Mortars shall be inspected before the first shells
are loaded to be certain no water or debris has accumulated in
the bottom of the mortar.
(8) If steel mortars are placed in troughs or drums, the
minimum distance from the mortar to the wall of the trough or
drum shall be at least two times the diameter of the mortar.
(9) If troughs and drums are used, they shall be filled
with sand or soft dirt; in no case shall stones or other
possibly dangerous debris be present.
(10) If mortars which are generally considered not
capable of generating dangerous flying debris are placed in
troughs or drums, the minimum distance from the mortar to the
wall of the trough or drum shall be at least equal to the
diameter of the mortar. Commonly used mortars which are
considered generally not capable of generating dangerous
flying debris include paper and high density polyethylene
mortars.
(11) Whenever shells are to be chain fused, such as for
barrages and finales, additional measures are required to
prevent adjacent mortars from being repositioned in the event
that a shell detonates in a mortar causing it to burst. For
buried mortars, this shall be accomplished by placing the
mortars with a minimum separation of four times their
diameter. For mortars in racks this shall be accomplished by
using mortar racks that have sufficient strength to
successfully withstand such a failure.
(12) When mortars are to be reloaded during a display,
mortars of various sizes shall not be intermixed. Mortars of
the same size shall be placed in groups and the groups must be
separated from one another.
To the extent practical, when mortars are to be reloaded
during a display, groups of one size mortar should not be
placed adjacent to mortars of only one inch different
diameter. This will reduce the likelihood that shells will be
loaded into oversized mortars. For example, an arrangement of
mortar groups such as 5"-3"-6"-4" is greatly preferred over an
arrangement such as 3"-4"-5"-6".
(13) Mortars may be constructed of steel, paper or
high-density polyethylene.
(14) Steel mortars shall be deemed acceptable for use
with all shells. Steel mortars shall be either seamed or
seamless; however, seamed mortars must be placed such that the
seam is facing either right or left as one faces the line of
mortars. Steel mortars shall conform to the following:
MINIMUM MORTAR WALL THICKNESS (INCHES)
| (( ID (in) |
|
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(15) Paper mortars shall only be used for discharge of
single-break and double-break shells. A thirty second cooling
period shall be allowed between firing and reloading of paper
mortars. Paper mortars shall be constructed of convolute
wound paper, except that spiral wound paper shall be permitted
for 3-inch diameter mortars only. Paper mortars shall conform
to the following:
MINIMUM MORTAR WALL THICKNESS (INCHES)
| (( ID (in.) |
|||||||
(16) Plastic reusable mortars shall be of high density
polyethylene pipe, marked with identification markings "high
density polyethylene" or "HDPE" and certified by "ASTM" with
an accompanying certification standard identifier subscript. Plastic mortars shall conform to the following:
MINIMUM MORTAR WALL THICKNESS (INCHES)
| (( |
|
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(17) Mortars shall be of sufficient length to cause
aerial shells to be propelled to safe heights. Mortar lengths
shall conform to the following:
MINIMUM INSIDE MORTAR LENGTH (INCHES)
| (( ID (in) |
|
|
|
||||
Exception:When mortars are not to be reloaded during a display, there is no requirement for a cleaning tool.))
(1) Prior to placement, mortars shall be inspected
carefully for defects, such as dents, bent ends, damaged
interiors, and damaged plugs. Defective mortars shall not be
used.
(2) Mortars shall be positioned and spaced so that shells are propelled away from spectators, over the fallout area, and to afford maximum protection to the shooter and loader. Under no circumstances shall mortars be angled toward the spectator viewing area.
(3) Where mortars are to be reloaded during a display, mortars of various sizes shall not be intermixed. Mortars of the same size shall be placed in groups, and the groups shall be separated from one another.
(4) Mortars of any type six inches in diameter or less shall be permitted to be reloaded and fired up to seven times during a performance.
| Exception: | There shall be no limit to the number of times a steel mortar six inches or less is permitted to be reloaded. |
(6) Mortars shall be inspected before the first shells are loaded to ensure that no water or debris has accumulated in the bottom of the mortar.
(7) Mortars shall be of sufficient strength and durability to fire the aerial shells and be used safely.
(8) Paper, HDPE, and fiberglass mortars are among the types of mortar that shall be permitted to be used.
(9) Cast iron, stove pipe, corrugated culvert, clay, bamboo, and wood shall not be used to make mortars.
(10) Metal mortars shall be either seamed or seamless; however, seamed mortars shall be placed so that all seams face either right or left when viewing the line of mortars.
(11) Steel mortars used to fire single break salute shells shall be buried according to WAC 212-17-321.
(12) Mortars shall be of sufficient length to cause aerial shells to be propelled to safe heights.
(13) The dimension of the inside diameter of the mortar shall be conspicuously painted or otherwise marked on the top of the mortar.
| Exception: | Designation of the inside diameter shall not be required for outdoor fireworks displays fired under the direct control of a professional fireworks display company. |
[Statutory Authority: Chapter 70.77 RCW. 90-10-006 (Order 90-02), § 212-17-315, filed 4/19/90, effective 5/20/90. Statutory Authority: RCW 70.77.250 and chapter 48.48 RCW. 82-22-068 (Order FM 82-10), § 212-17-315, filed 11/2/82.]
(2) Where paper mortars are to be placed in damp ground or damp sand or are to be in the display, they shall be placed inside a water-resistant bag prior to placement in the ground.
(3) Wherever there is the likelihood of groundwater leading into the mortar, the mortar shall be placed inside a water-resistant bag prior to placement in the ground.
(4) Weather-resistant coverings shall be placed over the mouth of mortars wherever there is imminent danger of water accumulating inside the mortar.
(5) Buried mortars shall be placed to prevent them from being driven into the ground or reangled when fired.
| Exception: | Where a mortar is to be used only once, such as for an electrically fired display, added support shall be optional and shall not be required. |
| Exception: | Where electrical ignition of unchained aerial shells six inches and less in diameter is used, there is no requirement for separation of mortars. |
(8) There shall be a separation distance of at least two inches or half the diameter of the mortar, whichever is greater, between the mortar and the trough or drum.
| Exception: | Where electrical ignition is used, all mortars placed in drums or troughs shall be spaced at least two inches from the wall of the drum or trough. |
(10) Troughs shall be reinforced or braced in a minimum of two places on the sides at intervals no greater than every four feet.
(11) Where possible, the narrow side of the trough shall face the greatest number of spectators and the firing progression shall develop in a direction away from the spectators.
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(2) Firing of single break shells that are seven or eight inches in diameter shall be permitted from securely positioned mortar racks provided the following conditions are met:
(a) The mortar is not metallic;
(b) Electrical or equivalent means of remote ignition is used to fire the shell; and
(c) The shell is not chain fused to any other shells.
(3) Mortar racks or bundles shall be constructed in a thorough and workmanlike manner to be capable of holding multiple mortars in position during normal functioning.
(4) Mortar racks or bundles that are not inherently stable shall be secured or braced to stabilize them. Stabilization shall be accomplished by using stakes, legs, A-frames, side-boards or equivalent means.
(5) Mortar racks of bundles shall be oriented, angled, or oriented and angled in such a way that maximizes the audience's safety.
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(2) For buried mortars, prevention of repositioning shall be accomplished by spacing the mortars with a minimum separation distance of four times their diameter.
(3) For mortars in racks, prevention of repositioning shall be accomplished by mortar racks that have sufficient strength to withstand such a failure successfully.
(4) Chain-fused mortar racks shall be positioned to maximize the placement of racks perpendicular to spectator viewing areas.
(5) Chain-fused mortar racks containing mortars three inches or less in diameter shall be limited to a maximum of fifteen mortars per unit. Racks containing mortars four inches in diameter shall be limited to a maximum of twelve mortars. Racks containing mortars five to six inches in diameter shall be limited to a maximum of ten mortars. Chain-fused racks shall not be used for mortars greater than six inches.
| Exception: | Boxed finale items containing tubes two and one-half inches or less in diameter only shall not be required to comply with the limitation above. |
(7) Staple guns shall not be permitted to be used to secure quick match that is connected to aerial shells, mines, or comets.
(8) Chain-fused aerial shells shall not be permitted to be reloaded.
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