Any display business understands that the current ATF&E table of distances for storage of display fireworks is nonsensical and needs to be revamped. Particularly disturbing is the fact that when storage of display fireworks exceeds 10,000lbs., net weight, the business needs to comply with the distance table relating to explosives rather than the distance table relating to low explosives. The starting point of our analysis is the ATF&E 2000 Orange book, edition 09/00.
Reference to Subpart K-Storage, §55.202, indicates that the Bureau has created three categories of explosive materials, and the Bureau considers display fireworks, classified as UN0333, UN0334 or UN0335, as low explosives for purposes of storage.
Reference to the ‘Questions and Answers’ section of the 2000 Orange book, indicates that, consistent with §55.202, there are three classes of explosives; high, low and blasting agents (Question 67). Further on, the Bureau expressly declares that “[d]isplay fireworks are considered to be low explosives…”(Question 85).
Lastly, reference to the ‘General Information’ section of the 2000 Orange book indicates that, as part the Bureau’s discussion of storage of fireworks, it expressly declares that “[d]isplay fireworks must be stored as low explosives…”, at page 76.
From these four references alone, a reasonable business owner could conclude that display fireworks are to be treated as low explosives for all purposes. However, reference to the tables of distances created by the ATF that govern various activities surrounding the manufacture and storage of explosives introduces a severe hardship upon businesses that store display fireworks.
With respect to display fireworks, the first reference point is the table of distances for display fireworks (except bulk salutes), §55.224. The information is straightforward and easy to understand. However, this table refers one to §55.218 for purposes of storage of display fireworks over 10,000lbs., net weight. For the following reasons, the reference to §55.218 is improper; the correct reference table should be §55.219.
Since §55.219 is entitled ‘Table of distances for storage of low explosives.’, and according to the Bureau “display fireworks are considered to be low explosives.”, it is only proper that this table be used for amounts of display fireworks over 10,000lbs., net weight. This argument is, therefore, premised upon a strict reading of the language used by the ATF&E.
The same conclusion is reached from the perspective of practicality. We begin with the assumption that, as a rule of thumb, 10,000lbs., net weight, of display fireworks is equivalent to 20,000lbs., gross weight. According to §55.224, at the 10,000lbs., net weight, threshold, the distance between a magazine and an inhabited building must be a minimum of 300 feet (assuming no barricades apply to reduce this figure). However, that same amount of display fireworks (20,000lbs. gross weight) under §55.218 would require a minimum of 1,950 feet. Reference to §55.219 indicates that all things being the same, the distance is only 190 feet. Obviously, there is no continuity to these tables.
The perversion of the Bureau’s distance tables as it relates to display fireworks can be illustrated as follows. According to §55.224, a business is permitted to store up to 1,000lbs., net weight, of display fireworks provided that the distance from the magazine and the nearest inhabited building is at least 150 feet. Interestingly, according to §55.218, at a distance of only 150 feet (between the magazine and the nearest inhabited building), the business can only store up to 10lbs., gross weight, of explosives.
While it is apparent that there is a lack of coordination by and between the tables of distances relating to display fireworks, it would seem that §55.219 is a better candidate as a reference point, as opposed to §55.218, the current point. For that reason, §55.224 should be amended to the extent that it should refer one to §55.219, rather than to §55.218 for computing storage distances of display fireworks in excess of 10,000lbs., net weight. However, until a business owner or trade organization challenges this issue, display operators are constrained to comply with §55.218, when circumstances require, out of an abundance of caution and at great expense.
