(a) The regulations contained within this section are hereby adopted with respect to the display of Class C fireworks and novelties, as defined in West Virginia Code 29-3-23, offered for sale within new mercantile occupancies. As used in this section, “mercantile occupancies” shall include, but not be limited to the following:
(1) Stores, markets and other rooms, buildings or structures for the display and sale of merchandise; and
(2) New buildings or portions thereof used as mercantile occupancies; and
(3) Additions made to, or used as, mercantile occupancies; and
(4) Alterations, modernizations, repairs or renovations, of existing mercantile occupancies; and
(5) Existing buildings or portions thereof upon change of occupancy to mercantile occupancies.
(b) Class C fireworks and novelties being sold inside of a mercantile occupancy shall be displayed in a glass or transparent showcase which shall be locked at all times.
(c) The sale of such fireworks and novelties shall be under the direct supervision and control of a competent person at least twenty-one years of age and duly qualified and responsible for enforcing all safety regulations, standards and measures.
(d) Smoking, matches, open flames and any and all other spark-producing devices and firearms, except those firearms within the legal possession of duly authorized law enforcement officials, shall not be permitted within twenty-five feet of a showcase. Signs shall be posted in conspicuous places in, on and around all indoor displays with the words “FIREWORKS - NO SMOKING” in letters of not less than four inches in height.
(e) Not less than two exits shall be maintained upon the premises and shall remain unobstructed at all times with no exceptions.
(f) Extinguishing equipment shall be kept and maintained upon the premises and shall include, but not be limited to, a sprinkler system installed in accordance with N.F.P.A. Standard 13 of the National Fire Code, and a ten-pound A.B.C. fire extinguisher shall be kept and maintained a distance of not more than six feet from each showcase.
(g) Emergency lighting and illuminated exit signs shall be installed and maintained upon the premises.
(h) All electrical fixtures contained upon the premises shall be dust ignition proof. All electrical wiring shall comply with Articles 500 and 502 of the National Electrical Code and N.F.P.A. Standard 70 of the National Fire Code. Electrical receptacles on guarded light fixtures shall not be permitted within twenty-five feet of any fireworks or pyrotechnic composition. Light fixtures located within twenty-five feet of any fireworks or novelties shall be properly secured. Electrical disconnect devices shall be located outside each storage area and shall be arranged and engineered to de-energize all electrical power to the building, room, trailer, semi-trailer, mobile facility or other structure constituting a new mercantile occupancy. (5-5-98)