For the purposes of this section, the term
FACILITY means any building, igloo, barn, trailer, semitrailer, or other mobile property. All new and existing storage facilities for wholesale fireworks distribution in accordance with W. Va. Code Ch. 29-3E shall meet the following requirements:
(a) Each storage facility shall be of fire resistive construction;
(b) Each storage facility containing 1,000 pounds or more of fireworks shall have a complete automatic sprinkler system installed in accordance with NFPA 13, Installation of Sprinkler Systems;
(c) A storage facility shall not be located within a residential area;
(d) A storage facility shall meet all distance requirements set forth in NFPA 1124;
(e) Storage or sale permits shall be issued by the State Fire Marshal’s office. Permits will be issued only upon verified compliance of this rule and payment of required fee;
(f) An owner or operator shall immediately notify the Fire Marshal’s office within 24 hours of any lost, stolen, or unaccounted for fireworks;
(g) Smoking shall not be permitted in the storage facility or within 50 feet of the storage facility. Conspicuous signs indicating “Warning - No Smoking” shall be posted at frequent intervals throughout the storage facility;
(h) No fireworks shall be sold to any West Virginia resident;
(i) A fire alarm system with complete smoke detection shall be installed throughout the storage facility in accordance with this article;
(j) Each display area shall contain only inert fireworks and shall be secured to prevent unauthorized access to the display area;
(k) All sales shall be recorded and shall include the name, address, city, state, and zip code, business license number, and tax department number of each purchase;
(l) A daily inventory of fireworks shall be maintained for each facility;
(m) All vehicles transporting fireworks from a distribution facility shall be placarded in accordance with U.S. DOT requirements. If less than 1,000 pounds is being transported, a placard of Class C Explosives is required. If more than 1,000 pounds is being transported, a placard of Class B Explosives is required. Each vehicle used to transport fireworks shall meet the requirements of NFPA 1124, Code for the Manufacture, Transportation, and Storage of Fireworks;
(n) Each Fire Department providing emergency services to any storage facility shall be notified in writing of the existence of the storage facility. The notice shall include information as to the type of explosives and explosive hazards that are stored at the storage facility. Pre-fire planning shall be completed by the Fire Department prior to operating the facility;
(o) The land surrounding each storage facility shall be kept clear of combustibles for a distance of at least 25 feet on all sides;
(p) Each storage facility shall be securely locked in accordance with NFPA 495, Explosive Material Code;
(q) All electrical wiring and fixtures shall meet the requirements of the National Electrical Code, Class II, Group E, Division I locations;
(r) All heating, ventilation, and air conditioning shall meet the requirements of this rule. No open flame heating units are permitted; and
(s) Each storage facility shall be separated from inhabited buildings, public highways, and other storage buildings according to the distance specified in NFPA 1124, Code for the Manufacture, Transportation, and Storage of Fireworks.