§ 1109 — Conditions for facilities

A facility licensed by the Department of Agriculture under section 1108 (relating to fees, granting of licenses and inspections) shall be exclusively dedicated to the storage and sale of consumer fireworks and related items, and the facility shall operate in accordance with the following rules:

(1) There shall be security personnel on the premises for the seven days preceding and including July 4 and on December 31.

(2) No smoking shall be permitted in the facility.

(3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.

(4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.

(5) All facilities shall carry at least $2,000,000 in public and product liability insurance.

(6) A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.

(7) No display fireworks or federally illegal explosives under 49 CFR 173.54 (relating to forbidden explosives) shall be stored or located at a facility.

(8) No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.

(9) Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.

(10) Written notice shall be conspicuously posted or provided with each purchase of consumer fireworks that provides the conditions and prohibitions for use of consumer fireworks under section 1104 (relating to use of consumer fireworks) and that additional conditions, prohibitions and limitations may be implemented by a municipality.

Legislative History

Cross References.Section 1109 is referred to in section 1108 of this title.