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COMMISSIONER'S BULLETIN # B-0021-07

May 07, 2007


To: All stakeholders of fireworks retail sites and stands in Texas:


Re: State adoption of the National Electric Code

Recently Texas enacted The Texas Electrical Safety and Licensing Act and adopted the National Electric Code (NEC) or (NFPA 70) as the minimum electrical installation standard. The Texas Electrical Safety and Licensing Act is enforced by the Texas Department of Licensing and Regulation (TDLR) and is applicable to all retail fireworks sites and stands located in the state. Pursuant to the rules adopted by the TDLR " An individual licensee must provide all electrical work requiring a license through a licensed contractor , ..." unless specifically exempted by the law. (16 TAC § 73.70(c))

TEX. OCC. CODE ANN. § 1305.002 (11) states, electrical work "means any labor or material used in installing, maintaining, or extending an electrical wiring system and the appurtenances, apparatus, or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. The term includes service entrance conductors as defined by the National Electrical Code."

Fireworks Rule, 28 TAC § 34.818 (7) states "All electrical wiring, equipment, and devices both inside and outside the stand, shall be UL approved, be securely mounted to the structure, and be installed and maintained to prevent electrical hazards. Splices in electrical wiring servicing equipment and devices inside the stand shall be enclosed in junction boxes. Light fixtures and wiring used for illumination inside and outside of the stand shall be installed and maintained to prevent accidental contact by the general public and employees."

The SFMO will conduct inspections to determine compliance with Fireworks Rule § 34.818 (7). In the course of such inspection, should the condition of the premise reveal electrical wiring that is substantially a violation of the NEC, the state fire marshal's office will consider the condition to be a violation of § 34.818 (7) and require appropriate correction measures. The measures may include immediate repairs or actions to seek immediate closure of the premise to the general public. Corrective measures shall be governed by The Texas Electrical Safety and Licensing Act and regulations issued by the TDLR. The corrections may be required to be verified by an invoice from the electrical contractor. These practices have already been implemented at some sites.

The SFMO does not conduct an inspection for compliance with The Texas Electrical Safety and Licensing Act or the NEC. Unless specifically exempted by law, compliance with SFMO Rule §34.818 (7) requires competent electrical contractors, to perform and inspect the electrical work in compliance with the TDLR Rules and the NEC. Thus, having your site inspected ahead of time by a licensed electrical inspector should prevent a violation from causing a possible business interruption and protect your customers and employees. Violations by licensed electricians or contractors may be forwarded to the Texas Department of Licensing and Regulation. You can find out more about their laws at: www.license.state.tx.us/electricians/elec.htm

In you have any questions concerning this bulletin, please contact Mark Redlitz, P.E., Asst. State Fire Marshal, (512) 305-7927.

The State Fire Marshal's Office in conjunction with the Texas Department of Licensing and Regulation, appreciates your cooperation in this matter to provide a safe environment to sell fireworks to the citizens of Texas.

Paul Maldonado

State Fire Marshal



Last updated: 09/07/2014

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