Only the State Fire Marshal may issue a license to operate a fireworks plant. A person shall be licensed by the State Fire Marshal before the person may operate a fireworks plant in the State. A license to operate a fireworks plant issued under this subtitle authorizes the licensee to: manufacture, process, and store 1.4 G fireworks, sparklers, sparkling devices, rockets, and Roman candles as authorized under this subtitle; and store 1.4 G fireworks and 1.3 G fireworks at an approved location in a storage building approved by the State Fire Marshal or a local authority having jurisdiction over local fire prevention codes. Each fireworks plant in the State, regardless of when constructed, must conform to the requirements of this subtitle before a license to operate a fireworks plant is issued or renewed. Before the State Fire Marshal issues or renews a license to operate a fireworks plant: the State Fire Marshal, or a designee of the State Fire Marshal, shall: inspect the fireworks plant for compliance with this subtitle and regulations adopted under this subtitle; and find the fireworks plant to be in full compliance with this subtitle and the regulations adopted under this subtitle; each unit of the State or political subdivision of the State that is responsible for determining compliance with other applicable statutes, ordinances, and regulations shall: determine whether the fireworks plant is in compliance with the other applicable statutes, ordinances, and regulations; and report the results of the determination to the State Fire Marshal; and the State Fire Marshal must receive a report from each unit of the State or political subdivision of the State that is responsible for determining compliance with applicable statutes, ordinances, and regulations, that states that the fireworks plant is in full compliance. The State Fire Marshal may deny a license to operate a fireworks plant to an applicant who has been convicted of a felony under federal law or any state law. The term of a license may not exceed 1 year. An applicant shall pay to the State Fire Marshal a license fee of $750. Except as provided in paragraph (2) or (3) of this subsection, if a licensee commits a violation of this subtitle or a regulation adopted by the State Fire Prevention Commission under this subtitle, the State Fire Marshal may suspend the license of the licensee for not more than 30 days. The State Fire Marshal shall suspend for 30 days the license of a licensee who, within 5 years of committing a first violation, commits a second violation of this subtitle or a regulation adopted by the State Fire Prevention Commission under this subtitle. The State Fire Marshal shall revoke the license of a licensee who, within 5 years of committing a first violation, commits a third violation, of this subtitle or a regulation adopted by the State Fire Prevention Commission under this subtitle. On suspending or revoking a license under this subsection, the State Fire Marshal shall: file and keep a statement of the nature of the violation that resulted in the suspension or revocation; and provide a copy of the statement to the owner and the operator of the fireworks plant. If the State Fire Marshal suspends, revokes, or refuses to renew a license, the State Fire Marshal or designee of the State Fire Marshal shall: determine whether the continued presence of explosive composition within the fireworks plant constitutes a danger to public safety; and if there is a finding of a danger to public safety, remove and dispose of the explosive composition. If the State Fire Marshal determines that the danger to public safety under subparagraph (i) of this paragraph is a clear and present danger, the State Fire Marshal or designee of the State Fire Marshal shall remove and dispose of the explosive composition even if an appeal is pending.

As necessary or advisable to protect the safety of employees of a fireworks plant and the public and to protect public property, the State Fire Prevention Commission shall: adopt regulations consistent with this subtitle; and enforce the regulations through the office of the State Fire Marshal. The scope of the regulations adopted under this section may include: the implementation of this subtitle; and requirements relating to: the location, construction, arrangement, and operation of a fireworks plant; personnel; public liability and workers’ compensation insurance; and fireworks plant safety.

The State Fire Marshal or a designee of the State Fire Marshal shall inspect periodically each fireworks plant owned or operated by a person licensed under this subtitle. An inspection under this section shall include all aspects of fireworks plant operation.

Subject to paragraphs (2) and (3) of this subsection, a mixing building or storage building of a fireworks plant shall be located at least: 1,000 feet from a school, church, hospital, place of public assembly, or gasoline or fuel oil storage building or service station; and 200 feet from any other inhabited building, a highway, or a railroad. A building within a fireworks plant that contains hazardous mixes or items may not be located nearer to the fireworks plant property line than is authorized under regulations adopted by the State Fire Prevention Commission. Except as provided in subparagraph (ii) of this paragraph, a finishing and assembling building shall be located at least: 75 feet from any other finishing and assembling building; and 200 feet from any storage building used primarily to store finished fireworks other than sparklers. If a candle building or rocket press building of a fireworks plant is constructed of approved fire-resistant materials, is barricaded, and otherwise meets the requirements of the State Fire Prevention Commission, the building shall be located at least 50 feet from other finishing and assembling buildings. A licensee may package and repackage 1.4 G fireworks in finished form in a storage building if there is a minimum separation distance of 25 feet between the packaging area and any stored fireworks. Except as provided under paragraph (3)(ii) of this subsection, a distance prescribed under this section may not be reduced because of the presence of a barricade or earth cover. Except as provided in paragraph (2) of this subsection, a fireworks plant shall be completely surrounded by a substantial fence that: is at least 6 feet tall; contains at least three strands of barbed wire; and except as provided in paragraph (3) of this subsection, contains openings equipped with suitable gates that are kept securely locked when not in use. Except for an office building in which processing or storage is prohibited, each building in a fireworks plant shall be located within the fence required under paragraph (1) of this subsection. The main gate of the plant may be left open during the regular hours of plant operation if the gate is within the unobstructed view and under the observation of authorized responsible employees or guards. The licensee shall post conspicuous signs at least every 500 feet along the fence of the fireworks plant that state “WARNING - NO SMOKING - NO TRESPASSING”.

Each building in a fireworks plant shall be constructed as provided in this section. This subsection applies to a building that is constructed or improved after July 1, 1970, or to which an addition is made after July 1, 1970. The following buildings in a fireworks plant shall have exterior walls and roofs that are constructed of noncombustible material and shall be constructed to be frangible: a finishing and assembling building; a press building; and a mixing building. A building in a fireworks plant may not contain a basement or exceed one story. The interior wall surfaces and ceilings of a building in a fireworks plant shall: be smooth, free from cracks and crevices, and fire resistant; and contain a minimum number of horizontal ledges on which dust may accumulate. A floor or work surface in a building in a fireworks plant may not have cracks or crevices in which explosives may lodge. A wall joint or opening for wiring or plumbing in a building in a fireworks plant shall be sealed to prevent entry of dust. A mixing building or press building in a fireworks plant shall contain conductive flooring that is properly grounded. A building in a fireworks plant shall be heated by: steam; indirectly radiating hot air; hot water; or any other means approved by the State Fire Prevention Commission. All electric wiring in a fireworks plant shall be permanent and installed in approved conduits. All electrical service shall comply with applicable electrical codes. Temporary or loose electric wiring or extension lights may not be used except: during repair operations while using approved temporary extensions; and after the area has been cleared of all explosive composition and washed of dust. Each fireworks plant shall have a master switch that: is located at the point where electric current enters the fireworks plant; and on being opened, immediately cuts off all electric current to the fireworks plant. Other than in a warehouse, an open knife switch may not be used inside a building of a fireworks plant. Artificial lighting in a fireworks plant shall be provided by electric, vapor-proof, keyless lamps. Except as provided in paragraph (2) of this subsection, each building shall contain: at least two exits for each work area; and at least two exits from the building. Each small building with a designated capacity of one individual may have only one exit. Each exit shall be at least 30 inches wide. Exits shall be located: so that the path of travel from the work area is unobstructed; and at opposite ends of the work area. An exit door shall: open outward; remain unlocked during the hours that the work area or building is occupied; and remain unobstructed.

Each building in a fireworks plant shall be equipped as provided in this section. A stove, an exposed flame, or an electric heater may not be used in a fireworks plant, except in a boiler room, machine shop, office building, pump house, or lavatory in which fireworks, fireworks components, or volatile chemicals are prohibited. If a unit heater is located inside a building that could, at any time, contain explosive composition: the heater shall be equipped with an explosion-proof motor; and the switches controlling the motor of the unit heater shall be located outside the building in which the motor is located. An electric motor, fan, open switch, or other device capable of producing an open spark shall be located: outside any building in a fireworks plant that at any time contains explosive composition; and in a manner so that an open spark cannot be introduced into a building in a fireworks plant that, at any time, contains explosive composition. A press or other mechanical device located in a building in a fireworks plant that, at any time, contains explosive composition shall be properly grounded to prevent the accumulation of static electricity.

In this subsection, “explosive composition” or “pyrotechnic composition” includes raw materials, materials being processed, and finished products. By regulation, the State Fire Prevention Commission shall determine the maximum amount of explosive composition or pyrotechnic composition that may be safely kept in any building in a fireworks plant at any time. A licensee shall: post conspicuously on each building in the fireworks plant, the limits on the amount of explosive composition or pyrotechnic composition authorized under this subsection; and strictly comply with the limits. A licensee shall keep each building in a fireworks plant clean, orderly, and free from accumulated dust or rubbish. If powder or other explosive materials are spilled on the floor of a building in a fireworks plant, the licensee shall ensure that the floor is cleaned immediately and that the powder or materials are removed immediately from the building. A licensee shall ensure that rags, combustible and explosive scrap, and paper are: kept separate from each other; and placed in approved marked containers. A licensee shall ensure that waste and rejected hazardous materials are: removed daily from each building; removed at regular intervals from the fireworks plant; and destroyed by submersion in water or by burning. A licensee shall ensure that nonhazardous waste is: removed at regular intervals from the fireworks plant; and disposed of in a landfill system or by other suitable means. A licensee shall ensure that adequate and appropriate fire extinguishers that meet the State Fire Prevention Code are: kept in each building in a fireworks plant; and readily accessible at all times. Unless an individual has signed into a log and has stated in writing the purpose of the individual’s visit to the fireworks plant, a licensee may not allow entry into a fireworks plant by an individual other than: an authorized employee; or a representative of a unit of the federal government, a state government, or a political subdivision, having jurisdiction over the fireworks plant. A licensee shall: maintain the log of visitors to the fireworks plant for at least 2 years; and make the log available for inspection by the State Fire Marshal or a representative of the State Fire Marshal. All visitors shall wear conductive footwear. There shall be at least one competent security guard present on duty whenever any explosive composition is located within a fireworks plant. The security guard: may not sleep on duty; and shall patrol the entire fireworks plant regularly when the fireworks plant is not in operation.

A licensee may test fireworks or their components only in an area that is: set aside for that purpose; and located at a safe distance from any fireworks plant building or other structure, considering the nature of the materials being tested. A licensee may experiment with fireworks, pyrotechnics, or their components only as authorized by the State Fire Marshal.

The licensee shall designate an employee in each fireworks plant as safety officer. When an employee of a fireworks plant begins employment in the fireworks plant and at least annually thereafter, the safety officer shall instruct the employee formally about: the provisions of this subtitle; regulations adopted by the State Fire Prevention Commission; proper methods and procedures in fireworks plants; safety requirements and procedures for handling explosives and fireworks; and other subjects that the State Fire Prevention Commission requires. After receiving each course of instruction, the employee shall sign a statement that the employee: has received instruction in the subjects required under paragraph (2) of this subsection; and understands the requirements for safe practices. The statement required under paragraph (3) of this subsection shall be: filed in the personnel records of the fireworks plant; and made available for inspection by the State Fire Marshal. A licensee shall post conspicuously in each building signs stating the maximum number of workers and visitors who may be present in the building at any one time. A licensee shall: provide cotton working uniforms and conductive shoes to each individual working in a mixing building and press building in a fireworks plant; provide facilities for: individuals to change into and out of uniforms; and the safekeeping of clothing; wash uniforms frequently to prevent the accumulation of explosive composition on the uniforms; and provide for employees washing and showering facilities designated by the Secretary of Health. Each individual working in a mixing building and press building in a fireworks plant shall wear the cotton uniforms and conductive shoes that the licensee provides. Each individual working in a production building in a fireworks plant shall wear the type of eye protection designated by the Secretary of Health. Each individual working in a mixing area in a fireworks plant shall wear the type of respirator designated by the Secretary of Health. An individual may not wear the uniform outside the fireworks plant. Except as provided in paragraph (2) of this subsection, a person may not smoke or carry a lighted pipe, cigarette, cigar, match, lighter, or open flame inside the fence of a fireworks plant. A licensee may allow smoking in: an office building; or another building if: the building is used exclusively as a lunchroom or for rest rooms; and the presence of fireworks or any explosive composition in the building is prohibited. The licensee shall mark locations in which smoking is authorized. Smoking locations shall contain: suitable receptacles for cigarette and cigar butts and pipe heels; and at least one serviceable fire extinguisher of a type that is acceptable to the State Fire Marshal. A person whose clothing is so contaminated with explosives or other dangerous materials as to possibly endanger the safety of other fireworks plant personnel may not be allowed in a smoking location. A person may not bring into a finishing and assembling building, press building, mixing building, or storage building: a match, cigarette lighter, or other flame–producing device; or a key, knife, coin, or other personal article made of metal. A person shall only use properly maintained and nonferrous safety hand tools in any area of a fireworks plant in which there is a danger that materials may be ignited by sparks. A person may not: enter or attempt to enter a fireworks plant while: possessing liquor or narcotics; or under the influence of liquor or narcotics; or consume intoxicants or narcotics while in a fireworks plant.

A person may not manufacture or process fireworks in the State except in a fireworks plant of a licensee. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. Unless otherwise authorized by law, a person under this subtitle may not manufacture: 3 G fireworks other than rockets and Roman candles; fireworks commonly known as “flash and sound”; products utilizing potassium chlorate; or explosives. Except as otherwise authorized under this subtitle or Title 11, Subtitle 1 of this article, a person may not store 1.3 G fireworks other than rockets or Roman candles. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. A person who has been denied a license to operate a fireworks plant in the State or whose license to operate a fireworks plant in the State has been suspended or revoked may not operate that fireworks plant in the State. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.