NFPA TECHNICAL COMMITTEE ON BUILDING CONSTRUCTION M E M O R A N D U M

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1 National Fire Protection Association 1 Batterymarch Park, Quincy, MA Phone: Fax: NFPA TECHNICAL COMMITTEE ON BUILDING CONSTRUCTION M E M O R A N D U M TO: FROM: Technical Committee on Building Construction (BLD-BLC) Tracy Golinveaux, Staff Liaison DATE: January 14, 2011 SUBJECT: Approval Committee Ballot for NFPA 1124 The enclosed ballot is in response to NFPA Standards Council Decision D #08-19, in which several NFPA Technical Committees were identified as Approval Committees for proposals on NFPA 1124, Code for the Manufacturing, Transportation, Storage and Retail Sale of Fireworks and Pyrotechnic Articles, pertaining to consumer fireworks retail sales. The Pyrotechnics Committee previously presented the Building Construction Committee with recommended language for these Draft Committee Proposals; however, the Building Construction Committee provided comments recommending the proposed requirements be modified. The Pyrotechnics Committee accepted the input of the Building Construction Committee as discussed during the August 2010 conference call and during the October ROC meeting, and approved modification of the Draft CP#4 and CP#5 during the most recent meeting of PYR-AAA held September 30 October 1, 2010 in Phoenix. The Pyrotechnics Committee approved the amendments and that language and the letter ballot final results are attached. DRAFT CP#4 Accept the action and substantiation put forth by the Technical Committee on Pyrotechnics DRAFT CP#5 Accept the action and substantiation put forth by the Technical Committee on Pyrotechnics In accordance with the NFPA Regulations Governing Committee Projects, the above actions must be letter balloted through BLD-BLC. In order to provide substantive feedback to PYR-AAA and the Standards Council, please include any comments you may have, especially with regard to the suggested revision to Draft #CP4 and CP5. Please complete and return your ballot by Thursday, January 20, 2011 to Jill McGovern by fax or Fax: jmcgovern@nfpa.org

2 As a reminder, any negative votes, comments, and items on which you abstain from voting, require written explanations. If you have any questions, please feel free to call ( ) or (tgolvineaux@nfpa.org). Cc: D. Baio, L. Fuller, G. Colonna

3 TECHNICAL COMMITTEE ON BUILDING CONSTRUCTION (BLD-BLC) APPROVAL COMMITTEE BALLOT FOR NFPA 1124, CODE FOR THE MANUFACTURING, TRANSPORTATION, STORAGE AND RETAIL SALE OF FIREWORKS AND PYROTECHNIC ARTICLES With regard to the action on Draft CP #4 concerning the proposed revisions to paragraph and in NFPA 1124; to Accept revisions to and as proposed by The Technical Committee on Pyrotechnics : Affirmative Negative* Abstain* *Per NFPA Regulations comments must accompany any negative or abstaining vote. COMMENTS: Sign Name: Print Name: Date: Please complete and return this ballot by Thursday, January 20, 2011 to Jill McGovern by fax or Fax: jmcgovern@nfpa.org

4 NFPA Amended Draft Committee Proposals Approved for letter ballot at Committee Meeting, February 1 2, 2010, Salt Lake City, UT and amended and approved for letter ballot at Committee Meeting, September 30 October 1, 2010, Phoenix, AZ. These actions relate to items 3 and 8 (Draft CP#4) and item 7 (Draft CP#5) in the Standards Council Decision, D#08-19 and are to be coordinated with the Building Code Committee (BLD-BLC) in accordance with Standards Council direction following the completion of the letter ballot by the Committee on Pyrotechnics. Amended Log# DRAFT CP#4 Submitter: Technical Committee on Pyrotechnics Recommendation: It is proposed that paragraph and be revised to read as follows: Buildings and Structures. Consumer fireworks shall be stored only in the following buildings or structures, provided that the building or structure does not exceed one story in height and does not contain a basement: (1) Buildings or structures constructed in accordance with the building code enforced by the AHJ (2) Buildings or structures in jurisdictions that have not adopted a building code where such buildings or structures comply with the following construction requirements: constructed in accordance with a)buildings having an area not greater than 8000 ft2 (743 m2) shall be permitted to be constructed of any approved construction materials. b) Buildings having an area greater than 8000 ft 2 (743 m 2 ) shall be constructed in accordance with one of the following: i. Buildings shall be constructed of noncombustible or limited-combustible materials. ii. Buildings with exterior walls having a fire resistance rating of not less than 2 hours shall be permitted to have the roof decking and its supporting structure and interior partitions constructed of combustible materials. c) Roof coverings for any building shall have a minimum rating of Class C as determined in accordance with ASTM E 108, Standard Test Methods for Fire Tests of Roof Coverings or ANSI/UL 790, Standard for Standard Test Methods for Fire Tests of Roof Coverings. (3) Magazines meeting the requirements in Chapter 4 (4) Trailers, semitrailers, and metal shipping containers that are separated by at least 20 ft (6.1 m) from any building or structure other than trailers, semitrailers, or metal shipping containers Construction Materials. The following construction requirements shall apply to consumer fireworks storage buildings in jurisdictions that have not adopted a building code: (1) Buildings having an area not greater than 8000 ft2 (743 m2) shall be permitted to be constructed of any approved construction materials. (2) Buildings having an area greater than 8000 ft2 (743 m2) shall be constructed in accordance with one of the following: (a) Buildings shall be constructed of noncombustible or limited-combustible materials. (b) Buildings with exterior walls having a fire resistance rating of not less than 2 hours shall be permitted to have the roof decking and its supporting structure and interior partitions constructed of combustible materials.

5 (3) Roof coverings for any building shall have a minimum rating of Class C as determined in accordance with NFPA 256, Standard Methods of Fire Tests of Roof Coverings. In addition, it is proposed that paragraph and be revised to read as follows: Construction of Buildings and Structures. Consumer fireworks shall only be permitted to be sold at retail in any of the following buildings or structures, provided that any new building or structure does not exceed one story in height and does not contain a basement: (1) Permanent buildings or structures constructed in accordance with the building code enforced by the AHJ (2) Tents, canopies, or temporary membrane structures complying with NFPA 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures (3) Temporary structures constructed in accordance with this chapter (4) Temporary CFRS stands greater than 800 ft 2 (74 m 2 ) in area that also meet the requirements for a permanent structure (5) Vehicles, such as vans, buses, trailers, recreational vehicles, motor homes, travel trailers, trucks, and automobiles, complying with the applicable requirements for CFRS stands Construction Materials. The following construction materials requirements shall apply to new permanent CFRS facilities in jurisdictions that have not adopted a local building code, provided that any new building or structure does not exceed one story in height and does not contain a basement: (1) Buildings having an area up to and including 8000 ft 2 (743 m 2 ) shall be permitted to be constructed of any approved construction materials. (2) Buildings having an area greater than 8000 ft 2 (743m 2 ) shall be constructed in accordance with one of the following: (a) Buildings shall be constructed of noncombustible or limited-combustible materials. (b) Buildings with exterior walls having a fire resistance rating of not less than 2 hours shall be permitted to have the roof decking and its supporting structure and interior partitions constructed of combustible materials. (3) Roof coverings for any building shall have a minimum rating of Class C as determined in accordance with ASTM E108,Standard Test Methods for Fire Tests of Roof Coverings or ANSI/UL 790, Standard for Standard Test Methods for Fire Tests of Roof Coverings NFPA 256, Standard Methods of Fire Tests of Roof Coverings. Revise Table A.7.1.1, notes as shown: *Sales conducted within 1 year prior to the effective date of this code. Sales not conducted within 1 year prior to the effective date of this code. Substantiation: Issue #3 Height and Area Limitations and Issue #8 Construction Materials The NFPA Pyrotechnics Technical Committee (TC) established a task group responsible for coordinating review of issues #3 and #8 of the Standards Council Decision, D#08-19 October 1, 2008 with the

6 Technical Committee on Building Construction (BLD-BLC) responsible for portions of the Building Construction and Safety Code, NFPA Discussion between the respective task groups for each committee forms the basis for the proposed action. Per recommendation of the Committee on Building Construction, the Committee on Pyrotechnics proposes revisions to requirements for height limitations and exclusion of basements. In addition, all sections within the code should remove references to NFPA 256 since it has been withdrawn and replaced with references to ASTM E108 and UL 790 as shown in the amended text. These changes have been incorporated into paragraphs and as recommended by the BLD-BLC task group. In addition, the Committee on Pyrotechnics noted that the footnotes in Table A should clarify that the effective date of the code as stated in the current edition refers to the effective date of NFPA 1124 and not the sale of the building. Committee Meeting Action: Accept

7 TECHNICAL COMMITTEE ON BUILDING CONSTRUCTION (BLD-BLC) APPROVAL COMMITTEE BALLOT FOR NFPA 1124, CODE FOR THE MANUFACTURING, TRANSPORTATION, STORAGE AND RETAIL SALE OF FIREWORKS AND PYROTECHNIC ARTICLES With regard to the action on Draft CP #5 concerning the proposed revisions to clarify the requirements in NFPA 1124; and to Accept revisions to , A , and as proposed by The Technical Committee on Pyrotechnics : Affirmative Negative* Abstain* *Per NFPA Regulations comments must accompany any negative or abstaining vote. COMMENTS: Sign Name: Print Name: Date: Please complete and return this ballot by Thursday, January 20, 2011 to Jill McGovern by fax or Fax: jmcgovern@nfpa.org

8 Amended Log# Draft CP#5 Submitter: Technical Committee on Pyrotechnics Recommendation: The NFPA Pyrotechnics Technical Committee (TC) proposes revisions to , A , and as shown to clarify the application of existing, permanent and temporary as used in this section of the code. These revisions are based on input from the approval committee (BLD- BLC) as established by the NFPA Standards Council Decision regarding Fire Safety Concern Issue #7: Separation Distances as detailed in the Standards Council Decision D# Distance from Bulk Dispensing and Bulk Storage CFRS facilities and stores shall not be located within 50 ft (15.2 m) of the following: (1) Retail propane-dispensing station dispensers (2) Aboveground storage tanks for flammable or combustible liquid, flammable gas, or flammable liquefied gas (3) Compressed natural gas dispensing station dispensers * New CFRS facilities and stores, existing CFRS stands and tents, and temporary CFRS facilities shall not be located within 50 ft (15.2 m) of motor vehicle fuel dispensing station dispensers Existing permanent CFRS facilities, other than CFRS stands, tents, and temporary facilities, and existing stores shall not be located within 25 ft (7.6 m) of motor vehicle fuel dispensing station dispensers Fuel tanks on vehicles or other motorized equipment shall not be considered bulk storage Fuel storage for generators shall be in accordance with CFRS areas and storage areas shall not be located within 300 ft (91.2 m) of any aboveground bulk storage or bulk dispensing area for the following: (1) Flammable or combustible liquid (2) Flammable gas (3) Flammable liquefied gas A To assist the user of this code in determining what is a new CFRS facility, according to , all tents, stands, canopies, and membrane structures are considered to be new. See also Table A Substantiation: Issue #7 Separation Distances The NFPA Pyrotechnics Technical Committee (TC) established a task group responsible for coordinating review of issue #7 of the Standards Council Decision, D#08-19 October 1, 2008 with the Technical Committee on Building Construction (BLD-BLC) responsible for portions of the Building Construction and Safety Code, NFPA Discussion between the respective task groups for each committee forms the basis for the proposed action. Per recommendation of the Committee on Building Construction, the Committee on Pyrotechnics proposes revisions to clarify the requirements in and regarding existing, permanent, and temporary as related to the various facilities addressed within the

9 code. The Committee on Pyrotechnics has proposed a broader revision to the existing code than that suggested by the approval committee, BLD-BLC. The Pyrotechnics Committee action seeks to eliminate redundant language in these requirements and clarify the intent through the addition of an annex item. Committee Meeting Action: Accept

10 National Fire Protection Association 1 Batterymarch Park, Quincy, MA Phone: Fax: M E M O R A N D U M TO: FROM: NFPA Technical Committee on Pyrotechnics Jeanne Moreau DATE: January 4, 2011 SUBJECT: NFPA 1124 A11 Draft Ballot Final Results CP4 and CP5 The Final Results of the NFPA 1124 Draft Ballot are as follows: 32 Members Eligible to Vote 2 Not Returned (J. Kitchens, D. Westcott) 0 Negative 0 Abstentions There are two criteria necessary to pass ballot [(1) affirmative 2 / 3 vote and (2) simple majority]. (1) The number of affirmative votes needed for the proposal/comment to pass is 20. (32 eligible to vote - 2 not returned - 0 abstentions = = 19.8) (2) In all cases, an affirmative vote of at least a simple majority of the total membership eligible to vote is required. This is the calculation for simple majority: [32 eligible 2 = = (17)] Reasons for negative votes, etc. from alternate members are not included unless the ballot from the principal member was not received. According to the final ballot results, all ballot items received the necessary 2 / 3 required affirmative votes to pass ballot.

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