CHAPTER 91: FIRE PREVENTION; FIREWORKS AND EXPLOSIVES

Section
General Provisions
91.001 Definitions
91.002 Report of fires and violations required
91.003 Firefighters; powers and duties

Fire Prevention Code
91.015 Standard Fire Prevention Code adopted
91.016 Enforcement
91.017 Compliance required; remedies
91.018 Storage of flammable liquids and explosives
91.019 Modifications; fire limits
91.020 Appeal

Fire Marshal
91.030 Establishment; appointment; salary
91.031 Inspections; order to correct
91.032 Right of entry
91.033 Fire hazards prohibited
91.034 Fire hazards; prosecution
91.035 Investigation of fires; records
91.036 Arson investigation; reward for information
91.037 Exclusion of persons from proceedings
91.038 Summoning witnesses; oath
91.039 Witness violations

Fireworks
91.050 Title
91.051 Definitions
91.052 Purpose
91.053 Exemptions
91.054 General prohibition
91.055 Discharge as part of show; permit
91.056 Transportation
91.057 Nuisance; remedies
91.058 Right of entry
91.059 Violations

Public Fireworks Displays
91.070 Public displays
91.071 Permit application
91.072 Permit issuance; term; transfer
91.073 Insurance; bond
91.074 Permitted display; range
91.075 Display frequency; time limit
91.076 Storage restrictions
91.077 Hazardous display prohibited
91.078 Operator qualifications
91.079 Firefighter presence required

Explosives
91.090 Definitions
91.091 Exemptions
91.092 Prohibited explosives
Statutory references:
City fire loss lists, see Tex. Ins. Code, Art. 5.25-2
Fire escapes, see Tex. Health & Safety Code, § 791.002
Fire prevention, see Tex. Rev. Civ. Stat., Art. 1067 et seq.
Fireworks, see Tex. Health & Safety Code, § 122.005 and Tex. Rev. Civ. Stat., Art. 9205
Municipal regulation of fireworks, see Tex. Loc. Gov’t Code, § 342.003

GENERAL PROVISIONS

§ 91.001 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BARREL. A volume of 42 U.S. gallons.

CLASS ONE FLAMMABLE LIQUID. Any liquid with a flash point below 20°F, closed cup tester.

CLASS THREE FLAMMABLE LIQUID. Any liquid with a flash point above that for class two
flammable liquid and below 200°F, closed cup tester.

CLASS TWO FLAMMABLE LIQUID. Any liquid with a flash point above that for class one flammable liquid and below 70°F, closed cup tester.

CLINIC. An institution which provides service for outpatient medical or surgical diagnosis and treatment of the sick or injured and includes obstetrical cases.

CLOSED CONTAINER. A container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.

COMBUSTIBLE MATERIAL. Any material capable of being ignited.

COMMERCIAL OR INDUSTRIAL ESTABLISHMENT. Any establishment which is operated
as a business or for the purpose of making a profit.

CRUDE PETROLEUM. Hydrocarbon mixtures that have a flash point below 150°F and which have not been processed in a refinery.

EDUCATIONAL INSTITUTION. A school or organization offering education courses in the
arts or sciences.

EDUCATIONAL OCCUPANCY. The occupancy or use of a building or structure or any portion
thereof by persons assembled for the purpose of learning or of receiving educational instruction.

EXPLOSIVES. Explosives as defined in § 91.090 of this code.

FIRST-AID FIRE APPLIANCES. Appliances used to fight or control fire, including, but not limited to, automatic fire alarm systems, automatic sprinklers, standpipe and hose, or portable extinguishers.

FLAMMABLE LIQUID. Any liquid with a flash point below 200°F, closed cup tester.

FLAMMABLE SUBSTANCE. Any material or matter which can easily be ignited. The word
INFLAMMABLE shall be synonymous with the definition of FLAMMABLE.

FLASH POINT. The lowest temperature to which an oil must be heated to give off vapors which
when mixed with air produce an explosive mixture. The FLASH POINT shall be determined with the
Elliot-Abel-Pensky or the Tag Closed Cup Tester (standardized by the U.S. Bureau of Standards), which shall be authoritative in case of dispute. All tests shall be made in accordance with the methods adopted by the American Society for Testing Materials.

GARAGE, PUBLIC. A building, or portion of a building, used or intended to be used for the storing, repairing, or keeping of motor vehicles for a charge.

HOSPITAL. An institution which provides community service for inpatient medical or surgical care of the sick or injured and includes obstetrical cases.

I.C.C. CONTAINER. Any container approved by the Interstate Commerce Commission.

INSTITUTIONAL OCCUPANCY. The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable, or other care or treatment
or by persons involuntarily detained.

MARINE SERVICE STATION. The portion of a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment on shore, piers, wharves, or barges into fuel tanks of floating craft, and includes all facilities used in connection therewith.

MERCANTILE OCCUPANCY. The occupancy or use of a building or structure or any portion thereof for the displaying, selling, or buying of goods, wares, or merchandise.

MOTOR VEHICLE. Any device in, upon, or by which any person or property is or may be transported or drawn upon a sidewalk, street, or highway which is designed for self-propulsion through the principle of internal combustion, regardless of the type of flammable fuel used and which shall include, but is not limited to, automobiles, buses, trucks, tractors, motorbikes, and motorcycles.

MOTOR VEHICLES REPAIR SHOP. Any building or structure in or on which motor vehicles are repaired.

NFPA. The National Fire Protection Association.

OCCUPANCY. The purpose for which a building is used or intended to be used. Change of OCCUPANCY is not intended to include change of tenants or proprietors.

OFFICE OCCUPANCY. The occupancy or use of a building or structure or any portion thereof for the transaction of business, or the rendering or receiving of professional service.

PAINT SPRAYING. The applying of paints, varnishes, lacquers, or other finishes in any building
or portion thereof in the city.

PAINT STORAGE. The storing of any paints, varnishes, lacquers, or other finishes in any
building or portion thereof in the city.

PARKING LOT. Any vacant lot for the parking of automobiles with or without sheds, whether
a charge is made therefor or not.

PROCESSING PLANT. The portion of a property in which flammable liquids are mixed, heated,
separated, or otherwise processed, as principal business, but shall not include plants defined herein as
refineries.

PYROXYLIN PLASTIC. Includes any plastic substance, material, or compound, other than nitrocellulose film as provided for in the film storage regulations, having soluble cotton or similar nitrocellulose as a base, including celluloid, fiberloid, pyralin, viscoloid, zylonite, and similar products,
materials, and compounds by whatever name known when in the form of blocks, slabs, sheets, tubes, or fabricated shapes.

REFINERY. A plant in which flammable liquids are produced on a commercial scale from crude petroleum, natural gasoline, or other hydrocarbon sources.

RESIDENCE. Any building erected, designed, or intended to be occupied by one family.

SAFETY CAN. An approved container, of not over five gallons capacity, having a spring-closing lid and spout cover.

SERVICE OR SUPPLY STATION. Any building or premises devoted to the purpose of furnishing gasoline and lubricating oils and materials to the motoring public for use in their motor vehicles, this building or premises being commonly known as a GAS STATION.

SFPC. The Standard Fire Prevention Code.

SHOULD. Where contained in any code of the National Fire Protection Association which has been adopted as part of this code, shall mean SHALL.

SPRAY BOOTH. A properly ventilated enclosure separated from the main portion of a room, and used exclusively for paint spraying.

SPRAY ROOM. Any room or portion of a building where any paint, varnishes, lacquers, or like finishes are applied by spraying on any object or surface of any object.

TANK TRUCK. Any vehicle used for the transportation of flammable liquids in bulk quantity exceeding 100 gallons or in cans, drums, or other containers of more than 60 gallons individual capacity, and which include tank wagons.

TANK WAGON. A cart, trailer, or similar vehicle, not designed for self-propulsion, upon which tanks rest or are attached, which are designed or used to transport flammable liquids in bulk quantity exceeding 100 gallons, drums, cans, or other containers of more than 60 gallons individual capacity.

THEATER. Any building or portion of a building used for theatrical amusement purposes which
contains permanent seats, which is operated for the patronage of the general public, and shall include any building or portion thereof equipped and used as aforementioned for the displaying of motion pictures, vaudeville, drama, opera, or similar types of theatrical entertainment.

UNDERWRITERS APPROVED CONTAINERS. Any container approved by the National Board of Fire Underwriters.

VAPOR PRESSURE. The pressure, measured in pounds per square inch (absolute) exerted by a volatile liquid as determined by the Standard Method of Test for Vapor Pressure of Petroleum Products (Reid Method), A.S.T.M. D323-56.

WRECKING YARD. Any lot or premises upon which motor vehicles are dismantled for the purpose of obtaining parts therefrom or where dismantled parts are stored or kept.

(B) The following words shall have the same definitions as contained in the city’s building code: absolute fire protection, alley, alter or alteration, assembly occupancy, attic or attic story, basement, boardinghouse, building, court, existing building, fire division wall, fire wall, floor area, hotel, mezzanine or mezzanine floor, parapet wall, repair, seating capacity, story, store, and structure.

(C) The following words shall have the same definitions as contained in the city’s minimum housing
standards code: lodging house and lodging unit.
(Prior Code, § 6-1) (Ord. 8-10, passed - - ; Am. Ord. 14-102, passed - - ; Am. Ord. 15-48, passed - - ; Am. Ord. 16-47, passed - - ; Am. Ord. 17-23, passed - - )

§ 91.002 REPORT OF FIRES AND VIOLATIONS REQUIRED.
It shall be unlawful for any person who has knowledge of a fire started from carelessness, design, or
through violation of any of the provisions of this chapter to fail to notify immediately the Fire Chief or the
Fire Marshal of the fire and its circumstances.
(Prior Code, § 6-2) (Ord. 8-10, passed - - ; Am. Ord. 14-102, passed - - ; Am. Ord. 15-48, passed - - ; Am. Ord. 16-47, passed - - ; Am. Ord. 17-23, passed - - ) Penalty, see § 10.99

§ 91.003 FIREFIGHTERS; POWERS AND DUTIES.
It shall be the general duty of all members of the uniformed and non-uniformed force of the Fire Department to enforce all provisions of this code, laws of the state, and ordinances of the city pertaining
to fire prevention activities and including, but not limited to, the following:

(A) The prevention of fire;

(B) The storage and use of explosives and flammables;

(C) Street and highway routes for the transportation of explosives, flammables, and other materials
hazardous to life or property;

(D) The installation and maintenance of automatic and other fire alarm systems and all fireextinguishing
equipment;

(E) The maintenance and regulation of fire escapes, proper designation of such in all buildings provided with the means of escape, access thereto, obstructions thereto, and the like, as provided for in the
State Fire Escape Law as set forth in Tex. Health & Safety Code, §§ 791.001 - 791.007, 791.011 - 791.016, 791.021 - 791.024, 791.031 - 791.038, 791.051, and 791.052;

(F) The adequacy of means of exit in the case of fire from factories, schools, hotels, apartment houses,
lodging houses, asylums, hospitals, rest homes, convalescent homes, nurseries, churches, halls, theaters,
amphitheaters, stadiums, grandstands, baseball parks, and all other places in which numbers of persons
work, live, or congregate from time to time for any purpose;

(G) The investigation of the cause, origin, and circumstances of fires as provided elsewhere in this code;

(H) The inspection of all buildings and premises deemed susceptible to fire and the correction of those
conditions which might cause fire and thus endanger the safety of life or property;

(I) The investigation of any and all hazardous occupancies and the correction of those conditions which might cause fire and thus endanger life or property;

(J) The right of entry for the purpose of inspection as often as may be necessary of all buildings and
premises for the purpose of ascertaining and causing to be corrected conditions likely to cause fire, hinder or hamper the operation of the fire department in case of fire, or violation of the provisions or intent of this code; and

(K) The performance of other duties as may be imposed by the provisions of this chapter or may be
imposed from time to time by the City Council.
(Prior Code, § 6-3) (Ord. 8-10, passed - - ; Am. Ord. 14-102, passed - - ; Am. Ord. 15-48, passed - - ; Am. Ord. 16-47, passed - - ; Am. Ord. 17-23, passed - - )

FIRE PREVENTION CODE

§ 91.015 STANDARD FIRE PREVENTION CODE ADOPTED.
(A) The provisions and regulations of the Standard Fire Prevention Code, 1982 edition, are made a
part of this section by reference, three certified copies of which shall be on file in the office of the Chief
of the Fire Department, and shall extend over and govern the construction, alteration, removal, demolition, use and occupancy, location, and maintenance of buildings and structures within the city and all other matters regulated in that code.
(Prior Code, § 6-18)

(B) For the purpose of the code adopted in this section, the following definition shall apply unless the
context clearly indicates or requires a different meaning.

MUNICIPALITY. The City of McGregor.
(Prior Code, § 6-16)

§ 91.016 ENFORCEMENT.
The code adopted in this subchapter shall be enforced by the Chief of the Fire Department.
(Prior Code, § 6-19)

§ 91.017 COMPLIANCE REQUIRED; REMEDIES.
(A) No person shall violate any of the provisions of the code adopted in this subchapter or shall fail
to comply with any order made thereunder, or shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or shall fail to comply with an order as affirmed or modified by the Council or by a court of competent jurisdiction.

(B) The imposition of one penalty for any violation shall not excuse the violation or permit it to
continue; and all persons shall be required to correct or remedy the violations or defects within a
reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

(C) The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Prior Code, § 6-17) Penalty, see § 10.99

§ 91.018 STORAGE OF FLAMMABLE LIQUIDS AND EXPLOSIVES.
The limits referred to in § 20.201 of the code adopted in this subchapter, in which storage of flammable liquids in outside aboveground tanks is prohibited; the limits referred to in § 25.04 of that code, in which bulk storage of liquified petroleum gas is restricted; and the limits in which storage of explosives and blasting agents is prohibited under § 16.201 of that code, are hereby established as follows: within the corporate limits of the city except in those sections of the city where these tanks are necessary for
heating and domestic purposes; these tanks shall not exceed 250 gallons water capacity.
(Prior Code, § 6-20)

§ 91.019 MODIFICATIONS; FIRE LIMITS.
(A) The Chief of the Fire Department shall have power to modify any of the provisions of the code
adopted in this subchapter upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of the modification when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant.

(B) The following are the fire limits of the city: all that certain portion of the city designated and
located within Blocks 57, 58, 59, 60, 63, 64, 65, 66, 67, and one-half of Block 61 of the Original Town, as well as Lot 1, Block 4, W. C. O’Bryan Addition.
(Prior Code, § 6-21) (Ord. 12-55, passed - - ; Am. Ord. 15-53, passed - - )

§ 91.020 APPEAL.
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit
applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Council within 30 days from the date of the decision appealed.
(Prior Code, § 6-22)

FIRE MARSHAL

§ 91.030 ESTABLISHMENT; APPOINTMENT; SALARY.
The office of Fire Marshal is hereby created. This office shall be independent of other city departments, the Fire Marshal reporting directly to the Mayor and the City Council. This office shall be filled by appointment by the Mayor, by and with the consent of the City Council. The Fire Marshal shall be removed only for cause. He or she shall receive an annual salary, payable in monthly installments, as
full compensation for his or her services, as may be hereafter provided.
(Prior Code, § 6-36)

§ 91.031 INSPECTIONS; ORDER TO CORRECT.
The Fire Marshal, upon complaint of any person having an interest in any building or property
adjacent, or without any complaint, shall have the right at all reasonable hours, for the purpose of
examination, to enter into and upon all buildings and premises within the city. Whenever he or she shall
find any building or other structure which, for want of repair, or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he or she shall find an improper or dangerous arrangement of stoves, ranges, furnaces, or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable, and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firefighters or occupants, he or she shall order the same to be removed or remedied, and that order shall be forthwith complied with by the owner or occupant of the building or premises. Provided, however, that if the owner or occupant deems himself or herself aggrieved by the order, he or she may, within five days, appeal to the City Manager, who shall investigate the cause of the complaint and, unless by his or her authority the order is revoked, the order shall remain in force and be forthwith complied with by the owner or occupant. At the end of each month the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions known to him or her, together with a separate report on each fire in the city during the month.
(Prior Code, § 6-37)
Statutory reference:
Authority of State Fire Marshal, see Tex. Gov’t Code, § 417.008
State Fire Marshal generally, see Tex. Gov’t Code, §§ 417.002 - 417.006

§ 91.032 RIGHT OF ENTRY.
The Fire Marshal shall have the authority at all times of the day or night, when necessary in the performance of the duties imposed upon him or her by the provisions of this subchapter, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion.
(Prior Code, § 6-38)

§ 91.033 FIRE HAZARDS PROHIBITED.
(A) No owner or occupant of a building or other structure or premises shall keep or maintain the same
when, for want of repair, or by reason of age, or dilapidated condition, or for any cause, it is especially
liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property then.

(B) No owner or occupant of any building or other structure or premises shall keep or maintain the
same with an improper arrangement of a stove, range, furnace, or other heating appliance of any kind
whatever, including chimneys, flues, and pipes with which the same may be connected, so as to be
dangerous in the matter of fire, health, or safety of persons or property of others; nor shall keep or maintain any building, other structure, or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, or refuse, or with any other condition which shall be dangerous in character to the persons, health, or property of others; or which shall be dangerous in the matter of promoting, augmenting, or causing fires; or which shall create conditions dangerous to firefighters or occupants of the building, structure, or premises other than the maintainer thereof.
(Prior Code, § 6-39) Penalty, see § 10.99

§ 91.034 FIRE HAZARDS; PROSECUTION.
No prosecution shall be brought under § 91.033 of this code until the order provided for in § 91.031
of this code is given and the person notified shall have failed or refused to comply with the same.
(Prior Code, § 6-40)

§ 91.035 INVESTIGATION OF FIRES; RECORDS.
The Fire Marshal shall investigate the cause, origin, and circumstances of every fire occurring within
this city by which property has been destroyed or damaged, and shall especially make investigation as to whether the fire was the result of carelessness or design. The investigation shall be begun within 24 hours, not including Sunday, of the occurrence of the fire. The Fire Marshal shall keep in his or her office a record of all fires, together with all facts, statistics, and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this subchapter.
(Prior Code, § 6-41)

§ 91.036 ARSON INVESTIGATION; REWARD FOR INFORMATION.
(A) The Fire Marshal, when in his or her opinion further investigation is necessary, shall take or cause
to be taken the testimony on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he or she shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with the fire, he or she shall cause that person to be lawfully arrested and charged with the offense or either of them, and shall furnish to the proper prosecuting attorney all the evidence, together with the names of witnesses and all of the information obtained by him or her, including a copy of all pertinent and material testimony taken in the case.
(Prior Code, § 6-42)

(B) The city offers a reward of $250 for any person or persons found guilty of committing the crime
of arson within the corporate limits of the city. This reward is a standing offer and shall be paid out of the general fund of the city.
(Prior Code, § 6-43)
Statutory reference:
Arson, see Tex. Penal Code, § 28.02

§ 91.037 EXCLUSION OF PERSONS FROM PROCEEDINGS.
All investigations held by or under the direction of the Fire Marshal may, in his or her discretion, be
private, and persons other than those required to be present may be excluded from the place where the
investigation is held. Witnesses may be kept separate and apart from each other and not allowed to
communicate with each other until they have been examined.
(Prior Code, § 6-44)

§ 91.038 SUMMONING WITNESSES; OATH.
The Fire Marshal shall have the power to summon witnesses before him or her to testify in relation
to any matter which is by the provisions of this subchapter a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The Fire Marshal is hereby authorised to administer oaths and affirmations to any persons appearing as witnesses before him or her.
(Prior Code, § 6-45)

§ 91.039 WITNESS VIOLATIONS.
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful
order of the Fire Marshal, or who fails or refuses to produce any book, paper, or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the Fire Marshal in the matter of the investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforementioned, shall be deemed guilty of a misdemeanor; and in the event of any offense, the Fire Marshal shall institute a complaint to be prosecuted in the appropriate court having jurisdiction of the matters.
(Prior Code, § 6-46) Penalty, see § 10.99

FIREWORKS

§ 91.050 TITLE.
This subchapter and §§ 91.070 et seq. shall be known as the “Fireworks Code of the city.”
(Prior Code, § 6-56)

§ 91.051 DEFINITIONS.
For the purpose of this subchapter and §§ 91.070 et seq., the following definitions shall apply unless
the context clearly indicates or requires a different meaning.

FIREWORKS. Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers,
squibs, fire balloons, star shells, gerbs, or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and this term shall include all articles or substances within the commonly accepted meaning of FIREWORKS, whether herein specially designated and defined or not.

PERSON. Any natural person, association of persons, partnership, corporation, agent, or officer of
a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees,
receivers, executors, and administrators.
(Prior Code, § 6-57)
Statutory reference:
Classes of fireworks, see Tex. Rev. Civ. Stat., Art. 9205, § 1

§ 91.052 PURPOSE.
The rules in this subchapter and §§ 91.070 et seq. are established for the purpose of promoting the
safety and general welfare of the citizens of the city.
(Prior Code, § 6-59)

§ 91.053 EXEMPTIONS.
This subchapter and §§ 91.070 et seq. shall not apply to signal flares and torpedoes of the type and
kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or
transported by any railroad for use in railroad operation; nor shall these subchapters apply to signal flares or rockets for military or police use.
(Prior Code, § 6-60)

§ 91.054 GENERAL PROHIBITION.
Except as otherwise specifically provided in this subchapter or in §§ 91.070 et seq., it shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer or have in his or her possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire, or otherwise set in action any fireworks of any description within the corporate limits of the city.
(Prior Code, § 6-61) Penalty, see § 10.99

§ 91.055 DISCHARGE AS PART OF SHOW; PERMIT.
To the extent permitted by law, and upon a permit issued by the Fire Marshal, a person engaged in any
organized play, legitimate theatrical performance, circus, or other show designed for the amusement and
edification of the general public may use, discharge, or cause to be discharged and ignited fireworks as a part of any act, performance, play, or circus, so long as that person does not also engage in the retailing, wholesaling, selling, or distribution of any of the fireworks. The Fire Marshal shall cause to be made an investigation of each application made hereunder to determine whether the use of fireworks as proposed shall be of such a character that it may be hazardous to property or dangerous to any person, and the Fire Marshal shall, in the exercise of reasonable discretion, grant or deny the application for this permit.
(Prior Code, § 6-62)

§ 91.056 TRANSPORTATION.
Fireworks, as defined in Tex. Rev. Civ. Stat., Art. 9205, may be transported by motor vehicles which
meet the Interstate Commerce Commission requirements for transporting class C common fireworks and equipped with at least one ten-pound fire extinguisher for extinguishing type B fires.
(Prior Code, § 6-63)

§ 91.057 NUISANCE; REMEDIES.
The presence of any fireworks within the jurisdiction of the city in violation of this subchapter or
§§ 91.070 et seq. is hereby declared to be a common and public nuisance. The Fire Marshal shall seize
and cause to be safely destroyed any fireworks found in violation of these subchapters, and any member of the fire prevention division of the Fire Department or any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks that are transported illegally or to close any building where any fireworks are stored illegally until the Fire Marshal can be notified in order that those fireworks may be seized and destroyed in accordance with the terms of this section. Notwithstanding any penal provision of this code, the City Attorney is authorized to file suit on behalf of the city or the Fire Marshal, or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping, or use of fireworks within the jurisdiction of the city and to aid the Fire Marshal in the discharge of his or her duties and to particularly prevent any person from interfering with the seizure and destruction of those fireworks, but it shall not be necessary to obtain any injunctive relief as a prerequisite to that seizure and destruction.
(Prior Code, § 6-64) Penalty, see § 10.99

§ 91.058 RIGHT OF ENTRY.
The Fire Marshal or any member of the fire prevention division of the city is hereby authorized to
enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of those fireworks.
(Prior Code, § 6-65)

§ 91.059 VIOLATIONS.
(A) If fireworks involved in a violation of this subchapter or §§ 91.070 et seq. are separately wrapped
or packaged, the doing or omitting to do any act prohibited hereby shall be a separate offense as to each separately wrapped or separately packaged fireworks. Each day that a violation of these subchapters shall continue with respect to any package of fireworks shall constitute a separate offense.

(B) No parent or guardian of a minor child below the age of 14 years shall permit the child to use,
discharge, ignite, detonate, fire, or otherwise set in action any fireworks in violation of these subchapters.
(Prior Code, § 6-58) Penalty, see § 10.99

PUBLIC FIREWORKS DISPLAYS

§ 91.070 PUBLIC DISPLAYS.
The provisions of the preceding regulatory sections of §§ 91.050 et seq. shall not apply to a public
display of fireworks made under the terms and conditions of the following sections, and such a display
shall be permitted, to the extent permitted by law, upon compliance with these sections.
(Prior Code, § 6-66)

§ 91.071 PERMIT APPLICATION.
Any adult person or any firm, copartnership, corporation, or association planning to make a public display of fireworks shall first make written application for a permit to the Fire Marshal at least 48 hours in advance of the date of the proposed display.
(Prior Code, § 6-67)

§ 91.072 PERMIT ISSUANCE; TERM; TRANSFER.
The Fire Marshal shall make an investigation as to whether the display as proposed by the applicant
for a permit under the preceding section shall be of such a character that it may be hazardous to property or dangerous to any person, and he or she shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in the following sections. In the event the application is approved, a permit shall be issued for the public display by the Fire Marshal. This permit shall be for a period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be transferable. In the event that the application is denied by the Fire Marshal, he or she shall notify the applicant of the denial in writing.
(Prior Code, § 6-68) Penalty, see § 10.99

§ 91.073 INSURANCE; BOND.
The applicant for a display permit under this subchapter shall, at the time of making application, furnish proof that he or she carries compensation insurance for his or her employees as provided by the laws of the state, and the applicant shall file with the Fire Marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than $100,000 issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount of $100,000, the policy to be approved by the Fire Marshal. In lieu of insurance, the applicant may file with the Fire Marshal a bond in the amount of $100,000 issued by an authorized surety company approved by the Fire Marshal, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by the public display of fireworks, or any negligence on the part of the applicant or his or her agents, servants, employees, or subcontractors in the presentation of the public display.
(Prior Code, § 6-69)
Statutory reference:
Workers’ compensation, see Tex. Rev. Civ. Stat., Art. 8306 et seq.

§ 91.074 PERMITTED DISPLAY; RANGE.
Any fireworks display authorized under § 91.070 of this code shall be limited to an aerial display. The
range thereof shall not be more than 200 feet, and the fireworks shall be discharged vertically from steel
tubes.
(Prior Code, § 6-70) Penalty, see § 10.99

§ 91.075 DISPLAY FREQUENCY; TIME LIMIT.
The limit of a display authorized by § 91.070 of this code shall be not more than ten minutes per
performance, and there shall not be more than two performances in each 24 hours.
(Prior Code, § 6-71) Penalty, see § 10.99

§ 91.076 STORAGE RESTRICTIONS.
The material to be used for a public display authorized by § 91.070 of this code shall not be stored
within the city limits, but shall be brought in on the day of the public display and then shall be taken
immediately to the place of display for further handling and storage.
(Prior Code, § 6-72) Penalty, see § 10.99

§ 91.077 HAZARDOUS DISPLAY PROHIBITED.
No public display of fireworks shall be of such a character and so located, discharged, or fired as to
be hazardous or dangerous to persons or property, and this determination shall be within the sound
discretion of the Fire Marshal.
(Prior Code, § 6-73) Penalty, see § 10.99

§ 91.078 OPERATOR QUALIFICATIONS.
The persons handling the display of fireworks under § 91.070 of this code shall be competent adult
persons and experienced pyrotechnic operators approved by the Fire Marshal, and no person not approved by the Fire Marshal shall handle fireworks at the public display. The names of the pyrotechnic operators shall be designated on the permit used.
(Prior Code, § 6-74) Penalty, see § 10.99

§ 91.079 FIREFIGHTER PRESENCE REQUIRED.
For each public display of fireworks under § 91.070 of this code, not less than two firefighters of the
city shall be in attendance during the display. The expense of these firefighters at the display shall be
borne by the applicant for the permit and shall be paid in advance at the time of the application for the
permit.
(Prior Code, § 6-75) Penalty, see § 10.99

EXPLOSIVES

§ 91.090 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXPLOSIVE and EXPLOSIVES. Gunpowders, powders used for blasting, all forms of high xplosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, and any chemical compounds or mixture that contains any oxidizing and combustible units, or other ingredients, in proportions, quantities, or packing that ignition by fire, by friction, by compression, by percussion, or by detonation of the compound or mixture.

(1) EXPLOSIVE or EXPLOSIVES shall not include cartridges for small arms or shotguns, signaling devices, smokeless powder, or emergency equipment as designated by the Fire Marshal. Smokeless powder as used in this context is a single base powder composed of gelatinized nitrocellulose.

(2) EXPLOSIVE and EXPLOSIVES shall mean any of the following chemical compounds or
mechanical mixtures. Among other EXPLOSIVES and INGREDIENTS shall be included the following chemical compounds or mechanical mixtures:

(a) Amatol (mixture of ammonium nitrate and trinitrotoluene);

(b) Ammonal (mixture of ammonium nitrate, trinitrotoluene, and powdered aluminum, with or without other ingredients);

(c) Azides;

(d) Black powder; all forms (except in completely assembled cartridges for small arms or shotguns);

(e) Caps, blasting (fuse and electric), detonating; all classes except percussion caps and small arms primers;

(f) Detonators;

(g) Dynamites;

(h) Fertilizers (ammonium sulfate with nitrogen);

(i) Fireworks; all kinds;

(j) Fulminates;

(k) Fuses of all varieties, used in connection with setting off explosives;

(l) Guncotton (see nitrocellulose);

(m) Gunpowder and gunpowder mixtures (except in completely assembled cartridges for small arms or shotguns);

(n) Hexanitrodiphonylamine (dipicrylamine, hexamine);

(o) Nitrocellulose, exceeding 12.1% nitrogen;

(p) Nitroglucose;

(q) Nitroglycerin (except in pharmacopoeia solution, or in form of pills, or granules, containing not more than one-fiftieth of a grain, each, for pharmaceutical purposes);

(r) Nitrostarch;

(s) Nitrosugar;

(t) Pentaerythrietetetranitrate (penthrite or pentrite, PETN);

(u) Permissible explosives;

(v) Picrates;

(w) Picric acid (except in solutions not exceeding 1.25% at normal or room temperature, for medicinal use, in quantities not exceeding eight fluid ounces of that solution);

(x) Potassium nitrate powders (black saltpeter powder and nitro);

(y) Schnoiderite mixture of ammonium nitrate and dinitronaphthlene, with or without other ingredients);

(z) Sodium nitrate powders (black soda powder);

(aa) Squibs;

(bb) Styphanates;

(cc) Totryl (trinitrophonylmothylnitramine, totranitromethylaniline, tetralite, phronite);

(dd) Tetranitreaniline (TNA);

(ee) Tetranitronaphthalene;

(ff) Trimethylene trinitramine (hexogen T4, cyclonite);

(gg) Trinitroanisol (methyl picrate, trinitrophenylmethyl ether);

(hh) Trinitrocresol (crysylite);

(ii) Trinitrotuluene (triten, TNY); and

(jj) Trinitroxylene (TNX).

EXPLOSIVES PERMIT. The written authority issued by the Fire Marshal for the keeping, storing,
or using of explosives, under conditions as specified in this chapter.

INGREDIENTS. Phosphorus and active oxidizing and other chemicals, except those that are nonflammable gases at normal temperatures and under normal atmospheric conditions, that can be
combined with one or more reducing materials to produce an explosive; and shall mean any of the
following chemicals (except in tablet, capsule, or liquid form for medicinal purposes):

(1) Chlorates: ammonium, barium, potassium, or sodium;

(2) Nitrates: ammonium, potassium, or sodium; or

(3) Perchlorates: perchlorate acid and salts, or phosphorus.

SPECIAL PERMIT. The written authority issued by the Fire Marshal for the keeping, storing, or using of explosives, under unusual conditions as specified in this chapter.
(Prior Code, § 6-100)

§ 91.091 EXEMPTIONS.
There shall be excepted from the provisions of this subchapter the following:

(A) Ingredients in small quantities and not used or intended to be used in the manufacture of explosives. The meaning of the term “small quantities” as used herein is dependent upon the type of the ingredient and the classification of the person acquiring same, according to the following table.

(B) Explosives or ingredients which are in transit upon railroad cars when that transportation is regulated by acts of Congress, or rules and regulations of the Interstate Commerce or any other federal or state governing agency; and

(C) Fertilizers, including anhydrous ammonia, when stored in accordance with approved industry practices and stored, used, or sold solely for agricultural or garden use. Only those anhydrous storage facilities in existence as of the date of this subchapter shall be excluded from the permitting requirements contained in § 91.090 of this code.
(Prior Code, § 6-101)

§ 91.092 PROHIBITED EXPLOSIVES.
Under no conditions whatsoever shall any person have in his or her possession, keep, store, sell, offer
for sale, give away, use, transport, or manufacture any of the following explosives in any amount within
the corporate limits of the city:

(A) Liquid nitroglycerin;

(B) High explosives containing over 60% nitroglycerin except gelatin dynamite;

(C) High explosives having an unsatisfactory absorbent or one that permits leakage of nitroglycerin under any conditions liable to exist during transportation or storage;

(D) Nitrocellulose in a dry condition in quantity greater than ten pounds in one exterior package; or

(E) Fulminate of mercury in bulk in a dry condition, and fulminate of all other metals in any condition, except as a component of manufactured articles not hereinafter forbidden.
(Prior Code, § 6-102) Penalty, see § 10.99