This chapter establishes minimum requirements for the wholesale, retail sale, and distribution of ground-based sparkling devices. This chapter applies to the wholesale, retail sale, and distribution of ground-based sparkling devices. This chapter does not apply to a municipal corporation or county which has adopted more stringent regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Class C mercantile occupancy” means a mercantile occupancy of not more than 3,000 square feet gross area used for sales purposes on one story only, excluding mezzanines. “Ground-based sparkling device” means a device that is: Nonaerial; Nonexplosive; Labeled in accordance with the requirements of the U.S. Consumer Products Safety Commission; and Considered consumer fireworks as defined in NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. “Open-air mercantile operation” means an operation conducted outside of all structures, with the operations area devoid of all walls and roofs except for small, individual, weather canopies. “Prepackaged ground-based sparkling device merchandise” means ground-based sparkling device items or groups of ground-based sparkling device items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer. A distributor or wholesaler of sparklers or sparkling devices that intends to conduct business in the State, or sells, ships, or assigns for sale in the State the products of the distributor or wholesaler, shall register annually with the Office of the State Fire Marshal on forms prescribed by the State Fire Marshal. Registration forms may be obtained at the Office of the State Fire Marshal Headquarters, 1201 Reisterstown Road, Building C, Pikesville, MD 21208 and at State Fire Marshal installations throughout the State. Completed registration forms and a nonrefundable annual fee of $750 shall be forwarded to the Office of the State Fire Marshal Headquarters. Upon confirmation of registration, the registrant shall submit to the Office of the State Fire Marshal a list of all retail sales facilities located in the State receiving ground-based sparkling devices for sale to the general public and the locations of the facilities. Wholesalers and distributors of ground-based sparkling devices shall comply with the permits and approvals requirements and Chapter 65 “Explosives, Fireworks, and Model Rocketry” of NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this chapter. Ground-based sparkling devices may be sold or distributed in any of the following buildings or structures: Permanent buildings or structures constructed in accordance with the codes enforced by the authority having jurisdiction; Tents, canopies, or temporary membrane structures comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01; Temporary structures measuring 800 square feet or less, constructed in accordance with this chapter; and Temporary ground-based sparkling device sales or distribution stands greater than 800 square feet in area which meet the requirements for a permanent structure. All storage of ground-based sparkling devices: Shall be secured to prevent unauthorized access by the public; May not be located in direct sunlight; and May not exceed 5 percent of the basement floor area if located in a basement. Ground-based sparkling devices sales and distribution facilities may not be located in basements. Except for permanent buildings and structures used exclusively for sale and distribution of ground-based sparkling devices, permanent buildings and structures may not have more than 5 percent of their gross sales or distribution floor area for ground-based sparkling devices display. Open-air mercantile operations may not exceed: 200 pounds pyrotechnic composition; or If the pyrotechnic composition weight is not known, 800 pounds gross weight. All ground-based sparkling devices merchandise offered for sale or distribution shall be prepackaged with a packaging arrangement which completely encapsulates the ground-based sparkling device item or items with paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. The encapsulation shall ensure that an individual must puncture, tear, unseal, or break open the package, or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual ground-based sparkling device item to expose its fuse. A display may not exceed 3,000 square feet unless the building or structure in which it is located is protected throughout by an approved automatic sprinkler system. Height and Clearance. Ground-based sparkling devices on display or located on shelves, counters, or other fixtures may only be displayed with at least an 18-inch clearance from the ceiling and in temporary sales or distribution stands where the interior is not accessible to the general public, not higher than 8 feet from the floor surface. Portable fire extinguishers shall be installed as required for extra-hazard occupancy protection and shall comply with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. Means of egress in ground-based sparkling devices sales or distribution facilities shall comply with the requirements of NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01, unless otherwise modified by this regulation. Means of egress in tents and membrane structures used for the sales or distribution of ground-based sparkling devices shall comply with NFPA 101 Life Safety Code as incorporated by reference in COMAR 29.06.01 and NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, unless otherwise modified by this regulation. An approved fire safety and evacuation plan shall: Be in writing; Be maintained current; and Be posted in a conspicuous location that is accessible to the public as well as to persons employed or otherwise working in the facility. Exit openings from tents shall have a clear opening width of at least 44 inches. Electrical wiring shall be in accordance with NFPA 1 Fire Code as incorporated by reference in COMAR 29.06.01. Temporary heating units shall be listed by a testing laboratory approved by the Office of the State Fire Marshal and used in accordance with their listing. Scope. This regulation does not limit the type and quantity of fuel for generators and their fuel storage located not less than 50 feet from the exterior of the sales or distribution facility. Generators using flammable or combustible liquid or gas fuels supplying power to ground-based sparkling devices sales or distribution facilities may not be located less than 20 feet from the exterior of the sales or distribution facility. Combustible and flammable liquid generator fuel may not: Exceed 5 gallons; or Be stored less than 20 feet from the exterior of a sales or distribution facility. Flammable gas generator fuel may not: Exceed 20 pounds; or Be stored less than 20 feet from the exterior of a sales or distribution facility. At least one individual 18 years old or older shall be: Present at all times in sales and distribution facilities during the hours of sale and distribution to the public; and Responsible for supervision of the facility and its operation. All personnel handling ground-based sparkling devices shall be 16 years old or older. All personnel handling ground-based sparkling devices shall receive safety training related to the performance of their duties. Training shall include, but not be limited to, safe handling instructions, emergency procedures, and the use of portable fire extinguishers. The distributor shall provide detailed safe handling instruction guidelines for sales and distribution personnel with all packing information for ground-based sparkling devices. The distributor shall provide the retailer with a list of ground-based sparkling devices approved for sale by the Office of the State Fire Marshal. Personnel may not sell ground-based sparkling devices to a person younger than 16 years old as set forth in Public Safety Article, §10-112, Annotated Code of Maryland. In facilities used exclusively for the sale or distribution of ground-based sparkling devices, a sign reading “PERSONS UNDER 16 MUST BE ACCOMPANIED BY, AND UNDER THE SUPERVISION OF, A RESPONSIBLE PERSON AT LEAST 18 YEARS OLD” shall be conspicuously posted in letters not less than 1 inch high, on a contrasting background, at each entrance to the sales or distribution facility to which the general public has access to the interior. Where not otherwise required by local or state laws, ordinances, or regulations, a sign reading “NO GROUND-BASED SPARKLING DEVICE SALES OR DISTRIBUTION TO PERSONS UNDER 16 YEARS OLD. PHOTO I.D. REQUIRED” shall be conspicuously posted in letters not less than 1 inch high at: Each entrance of the sales or distribution facility or in the vicinity of the ground-based sparkling device sales or distribution display; and The point of sale or distribution. At least one sign reading “NO SMOKING OR OPEN FLAME DEVICES WITHIN 50 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted at each entrance or within 10 feet of every aisle directly serving the ground-based sparkling device sale or distribution display area in the facility. At least one sign reading “NO GROUND-BASED SPARKLING DEVICE DISCHARGE WITHIN 300 FEET”, in letters at least 2-inches high on a contrasting background, shall be conspicuously posted in the vicinity of the ground-based sparkling device sales or distribution display, or as otherwise required by the authority having jurisdiction. A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of $1,000, imprisonment for not more than 10 days, or both, as set forth in Public Safety Article, §6-601, Annotated Code of Maryland. Public Safety Article, §§6-206 and 10-109, Annotated Code of Maryland Effective date: Regulations .01—.16 adopted as an emergency provision effective April 15, 2002 (29:10 Md. R. 822); emergency status extended at 29:20 Md. R. 1585 and 30:6 Md. R. 417; emergency status expired October 8, 2003 Regulations .01—.17 adopted as an emergency provision effective October 8, 2003 (30:22 Md. R. 1575); adopted permanently effective February 16, 2004 (31:3 Md. R. 209) Regulation .03B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .04B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .05A, B amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .07A amended effective January 1, 2016 (42:23 Md. R. 1436) Regulation .07A, C amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .08 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .09 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .10 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .11 repealed effective January 1, 2013 (39:23 Md. R. 1533) Regulation .12 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .14 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .15 amended effective January 1, 2013 (39:23 Md. R. 1533) Regulation .16 repealed effective January 1, 2013 (39:23 Md. R. 1533)