The
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Background Information to
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Getting a LEUP |
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So far we have
had feedback indicating that this page was helpful in obtaining Fire Department
approval for storage from people in many different localities in California, and
several rocketeers in other states. If
you find this information to be useful we are glad to be of assistance. But more important, if you find something to
be misleading or in error please tell us. We
want to know if we are providing the help that you need. And by all means if you find that you needed
something we don’t have here, let us know so we can check it out & add it
for the benefit of others. (Especially
if you find information specific to a particular locality.)
We had hope that the TRA/NAR lawsuit or that John Wickman’s efforts pan out. We called and wrote our Senators. So far these efforts have not produced positive results. We contributed comments to the ATF NPRM (proposal to make new rules), which has not yet been finalized, but nobody really expects the BATFE to do anything except what they want. Their rules require them to solicit public comment, but not to heed the public desire or recommendations. But until these or some other effort results in an exemption (or god forbid, in some form of intelligent in regulations), we have chosen to obtain LEUP's in order for us to keep flying legally and with a minimum of hassles. May 23rd 2003 has come & gone, the Homeland Security Act and it’s child the Safe Explosives Act have taken effect giving the BATF their new name BATFE, and giving them the right to regulate anything they decide to place on their “list of explosives” in both interstate and now intrastate commerce. Science and reality do not carry the force of law. So until some legal intervention takes place we are all required to comply with the BATFE explosives regulations because they say so. Tony & I suggest you comply, and continue to fly. Please don’t abandon the pursuit of science, or your hobby because of incompetence or ignorance in government.
What is this…
This is a collection of sources for documentation to support you in the process of obtaining approval from your local Fire Department, the most critical step, and the first step in the process of obtaining the BATF permit for storage of your rocket motors and reloads at home. This information was gathered by Tony Alcocer in his quest to blaze a better more user friendly trail to obtaining the BATFE permit that so many amateur rocketeers need and should have to properly, legally, and safely enjoy their sport. I used Tony’s input to get started, added my own experiences which were different from Tony’s, and now I also have my LEUP with storage. Every state & local jurisdiction has its quirks. But the BATFE regulations clearly define that approval from the local fire department is required before a storage magazine will be approved. THAT IS OUR MAIN FOCUS. We have gone beyond the local fire department issues, to include other information about state, county and other local issues when we get the information. And if you come up with something helpful to add to this list, please send the information to me or to Tony and we will include your information in a footnote. But if something unexpected pops up, don’t yell at us, tell us how you handle the situation so we (through you) can help the next person.
This is not a substitute for reading and understanding the BATF regulations (the “Orange Book”). Doing that before you take any steps is a highly recommended. Your awareness of the regulations will become obvious in conversations with authorities, just as your ignorance will if you don’t know the basics. This is not to suggest that you need to be able to quote the regulations, you just need to understand them and the safety factors that they intend to implement.
Here are Tony’s words,
suggestions and experiences:
So, you want to obtain a Low Explosive Use Permit (LEUP) from the ATF with storage, so you can buy some motors, keep one or two at home, drive them to the launch event, and keep your activities legal. This is a common situation for rocketeers nowadays, but since we don’t get to this point by training to become explosives experts, the permit process seems daunting. What I decided to do is to learn as much about the situation as I could before contacting anybody. Here is what I learned and the documents and regulations I found.
What codes do you
need to follow?
All of them:
Federal - State & Local.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
United States of America
Federal Regulations
Bureau of Alcohol Tobacco Firearms and Explosives
(aka: ATF, BATF BATFE)
The BATFE both creates and enforces regulations on behalf of
the US Government.
Federal Law: Code of Federal Regulations
- In code 27CFR55.210, the ATF says that Low Explosive magazines are not allowed in a residence.
- But the ATF will allow a variance to this according to this High Power Rocketry Briefing Paper of Feb 25 1997.
- And again in the ATF ruling 2002-03 of Aug 23 2002, they indicate that they will allow indoor storage of Low Explosives if approved by the local Fire Dept. (when done in compliance with other state and local laws).
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
States Laws
Our experiences are in California, and we have received information about only a few other states. If you have specific information on requirements, or a lack of requirements in your State, please tell us so others may learn from your experiences. As we get more information we will add links here to that information:
State Links
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
California
California
Code of Regulations Use this link to get to the CCR index for the below
section references. (We tried to keep links on them set up
correctly but the state likes to re-index their document ID numbers constantly,
which makes these links take you to the wrong document. Once you get to the index, scroll down the
list on the left to drill down to the particular reference.)
Title 19: Public Safety
Division 1: State fire
Marshal
Chapter 6: Fireworks * (Note – to get beyond article 9 you have to click the
big triangle pointing right at the bottom)
* Article 16: Experimental Rockets/Unlimited
* Article 17: Model Rockets
* Article 18: Experimental High Power Rockets
and Motors
The OSFM (Office of the State Fire Marshal) enforces the California Fire Code, which is not available on line. Here is the Fire Marshal web site: OSFM.
California Fire Code issues:
Part 1, Section 101.3 Subjects Not Specifically Regulated by this Code: “Where no applicable standards or requirements are set forth in this code or contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this code”.
What does the above mean? If the California Fire Code does not address something specifically then they will default to NFPA. This is a good thing, because, in NFPA 1127, they allow for indoor storage of up to 50 pounds of rocket motors, in an attached garage with some minor requirements.
This all boils down to this: In California the only requirement we have found is that of a license called the Pyro Technician Rockets 3rd Class. It seems that this is required to launch rockets, buy posses or use high power motors and rockets. See our experiences for details on this license.
To see the experiences we have been through, click here.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
If you live in Ohio you are lucky.
Your State Fire Marshall attended some of the pre or early TRA launches
near Cleveland. This information came
to us from Todd Knight of Westerville.
(Thanks Todd)
State Fire Code 3743.80 is an exemption for the storage and use of
hobby rocket motors in the State of Ohio.
Ohio requires a separate license for explosives magazine at a license fee of $75. But thanks to the exemption you do not need anything from the State or need to contact them. The only requirements are at the local level which could include city and or county issues.
Todd’s local fire inspector relied on NFPA1127 and went straight down the list of requirements set therein when he did Todd’s inspection.
If acquiring a LEUP in Ohio, it might be worth a call to verify nothing has changed, then give the information to your ATF inspector if you are questioned. The info:
Ohio State Division of Fire Marshall
8895 E. Main St.
Reynoldsburg, Ohio 43068
614-752-8200
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The State of Oregon has taken an official stand that APCP is not an explosive and there for does not qualify for involvement in state regulatory processes. We have a copy of a letter from the Oregon State Fire Marshal that is a typical response to request for regulatory information in this regard. In addition to this letter we have verbal confirmation from several sources that actually have ATF permits in the state, so we feel that it is reasonable to accept this as true.
If we ever come across references to this in some official source we will post links.
Bravo to Oregon!
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NFPA
National Fire Protection Association (NFPA) (not available on line):
NFPA 1122: Model Rockets (motors less then 62.5 grams)
Section 4.20: Residential Storage of Model Rocket Motors and Motor Components.
4.20.1: Not more then 23kg (50 pounds) net weight of solid propellant model rocket motors, motor reloading kits, or motor components shall be stored at a residence.
4.20.2: Not more than 11kg (25pounds) net weight of solid propellant model rocket motors, motor reloading kits, or motor components shall be stored at a residence shall be permitted to be stored in the living quarters.
NFPA 1127: High Power Rocketry
This section deals with motors over 62.5 grams, here is the important stuff on storage requirements:
Section 4.19: Storage of High Power Rocket Motors, Motor Reloading Kits, and Pyrotechnic Modules.
4.19.1: High power rocket motors, motor reloading kits, and pyrotechnic modules shall be stored at least 7.6 m (25 ft) from smoking, open flames and other sources of heat.
4.19.2: Not more than 23 kg (50 pounds) of net propellant weight of high power rocket motors, motor reloading kits, and pyrotechnic modules subject to storage requirements of 27CFR 55 shall be stored in a Type 3 or Type 4 indoor magazine.
4.19.2.1: The indoor magazine shall be painted red and the top shall bear the following words in white letters at least 76mm (3 in) high: EXPLOSIVES – KEEP FIRE AWAY
4.19.2.2: The indoor magazine shall not be located in a residence.
4.19.2.3: The indoor magazine shall be permitted to be located in a detached garage or out building.
4.19.2.4: The indoor magazine shall be permitted to be located in an attached garage of a single-family residence where approved by the authority having jurisdiction and the Bureau of Alcohol, Tobacco and Firearms.
4.19.2.5: Pyrotechnic high power solid rocket propellant rocket motors, motor reloading kits, modules, or any other solid propellant motor products that are exempt under 27CFR 55 shall be stored in a recloseable, noncombustible container.
4.19.3: Large quantity storage shall comply with both of the following requirements:
1) Quantities greater then 22.7 kg (50 pounds) of net propellant weight of high power rocket motors, motor reloading kits, or pyrotechnic modules subject to storage requirements of 27CFR 55 shall be stored in a Type 4 or greater outdoor magazine.
2) The Type 4 or greater magazine shall meet the distance requirements of table 4.19.3. (Note: 75 feet or greater)
4.19.4: High power rocket motors, motor reloading kits and pyrotechnic modules shall be stored in accordance with all applicable federal, state, and local laws, rules, regulations, statutes, and ordinances.
4.19.5: A high power rocket motor shall not be stored with an ignition element installed.
NOTE: Almost all fire departments use NFPA to fall back on. NFPA 1127 is your best hope! It works in that it says it is OK to store High Power Rocket Motors i.e. Low explosives in an attached garage when a few requirements are met.
Here are some links to documents that may come in handy when you meet with the Fire Department. You may wish to print these documents or provide these links to the Fire Marshal. If you save them some time researching the information, they may be more inclined to act sooner on your request.
This is the ATF list of Low Explosives showing Ammonium Perchlorate Composite Propellant (APCP).
http://www.atf.treas.gov/pub/fire-explo_pub/listofexp.htm
This
is the ATF ruling that they will allow 50 pounds or less of Low Explosives to
be stored in an attached garage if Ok’ed by the local Fire Department. This variance is important as it explains
that the BATF feels that the Fire Marshal should determine if the storage
conditions are safe.
http://www.atf.treas.gov/alcohol/info/revrule/rules/2002-3.htm
Rocket Propellant: Material Safety Data Sheet (MSDS).
Magazines can be purchased from retail sources such as these:
http://www.magnumrockets.com/magmag.html
http://www.armagcorp.com/home.htm
Or they can be homemade following the specifications in the storage section of the regulations.
The regulations can be found at either of these locations:
http://www.access.gpo.gov/nara/cfr/waisidx_02/27cfr55_02.html
http://www.info-central.org/regulatory/orangebook/storage.html
Here is a picture of a Type 3 “Day-Box”.
This site is the ATF newsletter and talks about the 62.5-gram limit
http://www.atf.treas.gov/explarson/newsletter/ex_newsletter/aug_2002/page3.htm
Also have the ATF’s Hi Power Rocketry Briefing Paper. (On the right side of the page)
http://www.rocketryonline.com/images/news/news190/ATF.pdf
Getting Started
Clarifications: Do I need to talk to my local Fire Department?
1) If you are seeking a non-storage LEUP, then you don't need to get the fire department or other local authorities involved. The ATF is still issuing LEUPs under the new Homeland Security Act for people who have no storage magazine. But the ATF says that you must submit a contingent storage plan, meaning that you must provide a letter from a permit holder who has storage that will allow you to store your motors in their magazine if you fail to use them. Check first with your favorite motor vendors because they have an interest in your ability to purchase, and they often have larger magazines. If that fails you then ask your fellow rocketeers. (The ATF seems to prefer contingent storage plans that depend on people with large magazines.) But some rocketeers successfully submit contingent storage plans indicating only that they would return the motors to the vendor at the launch. See this document. This concept does not meet AFT regulations, but hey, they ARE the ATF, so if they say it’s ok, well, ok! Good luck if you go this route.
2) If you want to have legal storage and you are able to meet table of distance requirements of 75 feet from an occupied structure etc. (see: Low Explosives table of distances 55.219), then the Fire Department only needs to be notified. This does not mean that you won’t be subject to issues, permits, and fees that the local authorities bring up. It just means that you technically may be able to deal with them separately from dealing directly with the fire department. In fact it does not make much sense at all. Be aware, if the locals don’t approve what you are doing, they can contact the ATF and change their minds about you, and if local permits are required the ATF will require you to have them. So do your self a favor by talking to the Fire Department FIRST. They are your best allies in this battle. But do so from a position of knowledge. Know what is reasonable and what is required before you talk to them, and when you can’t learn something first, ask them nicely for help once you have learned all you can.
3) If you want to have legal storage and are not able to meet the required distances then you will be required to ask for a variance from the ATF. To get the variance you will again need the Fire Departments approval of your storage plan before you apply for the LEUP from the ATF. (Are you noticing a trend here?) If you have a typical residential situation, you are very likely to need the variance to get approval to place a magazine in your garage.
The first approval you need is from the local Fire
Department (get it before you fill out ATF forms). They need to feel comfortable giving you approval to store 50
pounds or less of
Rocket motors over 62.5 grams (Low Explosives) in the attached garage of a single-family
dwelling. I suggest that you first meet
with the local Fire Department before even contacting the ATF. Figure out what Fire Department covers your
residence. Call and make an appointment with the Fire Marshal or a Fire
Inspector. Tell him or her that you
want to speak in regards to NFPA 1127…(This is the regulation that addresses
High Power Rocketry). The fire department had me put together a Code Analysis.
A Code Analysis spells out what the problem is and what codes relate to the
problem and walks them through what laws and codes apply to High Power Rocket
motors. These guys are smart and know their job, but they may or may not have
had to research Rocket Motor issues before.
So the plan is to do the research for them to save them some time. Tell them that NFPA 1127 deals specifically
with High Power Rockets and Motors, and provide them a copy if you can. You may
notice that I have included some extra things that are not required by NFPA
1127. This I did to sweeten the pot and
cover everything that may pose a concern, and to let them know my proposal was
thought through. You don’t want the
fire dept to deny this request. So
don’t give them the impression that you take this lightly, they don’t and if
you do, they will not feel comfortable with your understanding of the
issue. Take a printed copy of this Code Analysis with you and present it to the Fire
Marshal or official that you meet with. Also include in your submission the Fire
Marshal, at least a hand drawn (or
better) picture like this one
and don't forget to show property lines, distances from nearest flame if any,
neighboring houses, and the nearest fire hydrant. The fire dept may also want to know what the NFPA 704 (also known
as the fireman’s diamond) numbers are for rocket motors they are:
Health: 2
Fire Hazard:
1
Reactivity: 2
Specific Hazard: Blank
With the above information in hand, you may need to educate the Fire Marshal on rocketry. Explain what a 62.5 grams motor is, typically this is a “G” motor, show him a G reload kit and explain what the parts are. Regulated in that you must be over 18 years old to purchase and be stored in a recloseable, noncombustible container. Show him an H motor and explain that it is the same propellant just that it is a bigger motor. The H motor is over 62.5 grams and thus falls in to the Low Explosive class. Show him both motors side-by-side for comparison. Explain to him that it would burn very much like a road flare if it were to catch on fire.
Next explain that on November 25 2002 the Homeland Security Act now requires you to obtain a LEUP to use and to store rocket motors over 62.5 grams, and that the ATF will only issue a LEUP if storage requirements are met. Explain that you will also post “No Smoking” signs. And that, you will provide at least a 2A10BC fire extinguisher and that you will place a single station smoke alarm in the garage and that you would also like to have a Premises File made up for your address in the 911 Computer Aided Dispatch (CAD) system to alert all emergency responders to the location of the magazine and it’s contents.
Now Handle your State Issues
Once you get the fire departments approval, and your state issues handled, then you can move on to the ATF stuff. According to on-line info, a LEUP for Low Explosives should cost (the best I can figure out) any where from $100- $200 for a 3-year permit and then $50-$100 for the next three years.
http://www.atf.treas.gov/firearms/nlc/explosives/explo_types.htm
To obtain a Low explosive Use Permit you need ATF Form 5400.13. You can order it and other ATF forms from here: http://www.atf.treas.gov/dcof/index.htm.
If you have questions about filling out the above form, check out the following link. This link is for the old form and is not exactly correct, but it supplies reasonably good guidance. http://www.rocketryonline.com/leup_help.html
You will also need to fill out ATF Form 5400.28 Employee Possessor Questionnaire. This form is available at: http://www.atf.gov/forms/pdfs/f540028epq.pdf
And lets not forget the FBI: Fingerprint Identification Cards FD-258: Also on the ATF forms site above and again here (at the bottom of the “blue” list): http://www.atf.treas.gov/dcof/index.htm
With the ATF permit forms filled out, attach a cover letter to it, stating something containing this information:
- This LEUP is for Sport Rocketry Motors over 62.5 grams.
- That you would like a variance to store 50 pounds or less in a Type 3 or Type 4 magazine in an attached garage (Per, the ATF Ruling 2002-3).
- You have contacted your local fire department and that they have approved your storage in an attached garage, and that you have met the storage requirements set forth in NFPA 1127. You should give them the name of the department, address, phone number, and the name and title of the person that is going to approve it.
This ATF Contact Information is from the current forms.
My California State Regulatory
Experiences
I have been looking into what is required by the state of California, in regards to high power rocket motors (over 160 newtons) I found the codes, but could not make heads or tails out of them. I did find an e-mail address and have been exchanging e-mails with them, trying to find out what they mean. Below is the last one I sent, with the states reply.
(my last e-mail)
I got my packet yesterday thanks for the
quick service! I still have a couple of questions on the requirements:
In Article 18 Experimental high Power Rockets and Motors...that is
referring to motors that are state certified and above "G" in
power? Also in Article 18: section 1039.
Supervision and Responsibility..Does everyone flying motors over "G"
need a license or just one person at the launch that is in charge?
Where can I find information on line about the differences between Rocket
1, 2 and 3 licenses?
Thanks again for your time..
Tony Alcocer
Here is the states reply:
“All rocket motors need to be certified
through our office a-g for model rockets and h and above for high power
rockets.
Yes each person needs a license
Go to our webside http://osfm.fire.ca.gov
and on the right go to fire engineering, then on the left go to fireworks and
look at the laws and regulations, it will explain each class of license.”
So with this info, I went looking for some more
answers. The first thing I found was that the directions she gave did not go
any place useful. I did use the following link to find some answers.
California Code of Regulations
Title 19: public Safety
Division 1: State Fire Marshal
Chapter 6: Fire Works
Article 18: Experimental High Power Rockets and Motors
(Article 18: is for motors over G in power and are state certified. Don’t let the word Experimental fool you this is the state code that governs High Power Rockets and Motors as we know them.)
Article 2: Definitions
(3) Experimental High Power Rocket. Non-professional rockets, which are propelled by commercially manufactured high-power solid propellant rocket motors.
(4) Experimental High Power Rocket Motor. A State Fire Marshal approved, commercially manufactured rocket propulsion device containing a solid propellant charge wherein all the ingredients are pre-mixed and which produces more than 160 Newton-seconds (36 lb.-seconds) but shall not exceed 10,240 Newton-seconds (2302.2 lb.-seconds) of total impulse.
Article 18
Section 1033: License Required
“No person shall possess, receive, transport, store, or launch any experimental high power rocket motor without first securing a valid license as a Pyrotechnic Operator--Rockets First, Second, or Third Class from the State Fire Marshal. No person shall sell an experimental high power rocket motor to any person unless the seller possesses a valid license as a wholesaler or retailer under this chapter.”
Article 3: License
Section 981.5
(4) Pyrotechnic Operator--Rockets First Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of experimental rockets. Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
5) Pyrotechnic Operator--Rockets Second Class may conduct and is restricted to all activities in connection with research experiments, production, transportation, fuel loading and launching of all types of solid fuel experimental rockets only. Such operator shall also be responsible for the actions and conduct of all assistants. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
(6) Pyrotechnic Operator--Rockets Third Class may purchase, transport, store, and launch high power rockets. Experimental high power rocket motors may only be imported, exported, and wholesaled by individuals or companies holding valid import, export, or wholesale licenses. Pyrotechnic Operators--Third Class may only purchase high powered rocket motors from licensed wholesalers. Operators licensed under subsection (b) are also required to obtain a local permit from the authority having jurisdiction prior to all launches.
The state did mail me a packet that contained 5 Reference Forms http://osfm.fire.ca.gov/pdf/fireengineering/fw/ReferenceLetter.pdf
You need to get 5 reference letters from people that are already state certified and they must have been certified for at least one year. I have sent out e-mails to various people looking for anyone that can do this for me.
There was also a finger print card (it looks to be the normal FBI FD-258)
And there was the state Application for Pyrotechnic Operator
http://osfm.fire.ca.gov/pdf/fireengineering/fw/PyroOperatorLicence.pdf
Those three things are what I got in my packet from the state!
There is also a fee of $87 and a written test
I have not seen the test. I have seen comments on the test. Below are some of those:
The process is cumbersome but not difficult. First you must call 916 445-8373, the office of CSFM (Ca State Fire Marshal) and ask for an application for your CA Pyrotechnician - Rockets 3rd Class license. Sooner or later the package arrives. It took me three phone calls to Sacramento to finally get an application. You must collect 5 character references, at least one from a CA pyro - so buy me a few beers. Next you need to get fingerprinted. Next, get the application notarized or it will be rejected. Send all this stuff in
along with the bucks and if you are not a convicted arsonist or some other ugly criminal, sooner or later another package arrives with the text book and examination certificate. The certificate entitles you to take the exam, which must be completed within 30 days of THEIR mailing date. Don't do this at Christmas!
The exam consists of 50 true/false questions. Some of them are obvious like: 'This license entitles you to lynch any RSO who has the audacity to reject your flight.' Some questions involve the laws in California, which it turns out, are different from common opinion. For example, no one under the age of 14 can legally fly rockets in CA because they cannot possess motors. No, not even 1/4A, 1/2A, A, B, C or D. But I won't say anything if you don't.
Now in terms of only being Level 1 certified, so am
I. My budget is more restraining than
the level 1 limitations.
Level II cert? CA
pyros can legally buy, transport, store, deploy
commercially manufactured motors up to 10,240 NS (M) or clusters up to 20,480 NS (N). Licensed pyros can independently do all the paper work, like FAR 101 and land use agreements and fire authority permission and subsequently fly without any association to NAR or TRIPOLI. So you can acquire a motor, find a level II rocekteer as witness and set the whole thing up yourself, if you want.
Hi, guys. When I received my packet, it included a copy of California Fireworks Handbook. The handbook is about an inch thick and has several hundred pages and says it's the 1995 edition. It has no publication number or anything else identifying it inside or out other than the cover says Laws and Regulations for Transportation, Use and Storage of Fireworks in California. I don't know if it's still current but haven't been sent or notified of anything more recent. This is what I used as a study guide.
Hope this helps.
The test was very simple. I believe it was fifty questions and took about twenty minutes and that was going over every single question twice. I missed one question that was misleading. Most of them had to do with safe distance tables and regulations. Like: Is a 2560 NS motor? A: J Class B: K Class C: M Class D: none of the above or What is the minimum safe distance from the launch pad of a 1180 NS motor? A: 30 FT B: 150 FT C: 300 FT D: 1000 FT. Or things like launch site dimensions for a given motor size or storage requirements. I was expecting something much harder.
So at this point I’m trying to locate 5 already certified (for at least a year) guys that will vouch for me and then I can send in my application and see what happens!
You may be thinking do I really need a state License? It’s up to you to decide that! I have heard that the ATF is checking with the state before they issue LEUP’s
Tony Alcocer
I just found this on 1-28-03
Article 3. Licenses
Section 981. General
(a) No person shall engage in any type of fireworks activities without having submitted an application for and having obtained a license from the State Fire Marshal in accordance with the provisions of this chapter. Licenses shall be processed in accordance with Title 19, California Code of Regulations, Section 3.33.
Exceptions:
(1) Licensed Pyrotechnic Operators Basic Commercial, Restricted Commercial and
Rockets, First Class may employ unlicensed assistants.
Unlicensed assistants shall perform only when under the direct, immediate and
constant supervision of the licensee when handling fireworks and pyrotechnic
compositions.
(2) Licensed special effects and theatrical pyrotechnicians may employ
unlicensed assistants. Unlicensed assistants shall perform only when under the
direct, immediate and constant supervision of the licensee when handling
fireworks and pyrotechnic compositions.
(3) A license shall not be required for the use or discharge of safe and sane
fireworks.
California, Contra Costa County:
After watching and learning from the efforts of Tony Alcocer I started my process. I don’t live in a city so I started with my county fire inspector who informed me, that along with approving my storage facility, I needed to apply for a County Explosives Permit. While this permit only costs $2 per year, it requires that I provide my California Department of Justice Certificate of Eligibility number. My inspector was very helpful, but on this issue was not able to tell me exactly what that was or how to get it, more on that in a minute. The other interesting thing on the county explosives permit form were items that need to be checked to indicate what I would be doing with explosives. These items were: Manufacturing, Storage, Receive/Transport, Use*, and Retail Sale. The asterisk on “Use” indicates that proof of either a bond or active insurance policy for $100,000.00/$300,000.00 for bodily injury, and $300,000.00 for property damage was required. So obviously I will not be doing any “Use” of rocket motors in my county. Here is a scanned copy of the form page1 & page2 in JPG format, or both pages in PDF.
As for the
California Department of Justice Certificate of Eligibility (CA-DOJ
COE), I found out that it is something
that exists in the realm of Firearms Regulations, and is primarily provided to
expedite processes that otherwise would require
waiting periods,
and multiple background checks for firearms dealers and collectors who make
frequent purchases of firearms. What it
does is certify that you have had a background check in the last year and have
been found to be clear of “Prohibited Person” status.
There is no
Internet downloadable form, so to obtain the certificate one must call (916)
227-3703 and request that an application to be sent. The application consists of an application
form, and two fingerprint cards.
This can be used
to avoid additional background checks at the State and local levels. It costs $73
& $17/year renewal to get and maintain this certificate. I had some problems getting the application
form because the first time I called they got my address wrong, and each time I
called after that they just kept sending the thing to the same wrong
address. But once that was cleared up I
received the application very quickly.
The standard answer was “6 weeks to process” but I got mine in about
two.
Todd Knight
Ohio State
My
inspection was Mon. 6-02. Inspector
approved everything including my Magnum box and endorsed my request for the
attached garage variance, which should be coming in a couple of weeks.
I had
attached a cover letter on my application requesting the variance, which was
forwarded to the director after my inspection.
According to the inspector the official request for the variance needs
to be done after her inspection to make sure everything else is in order.
She also
mentioned that she thought I would require a State of Ohio Fire Marshall
license for the magazine. This turned
out to be false. After contacting the
FM's office I found out that Ohio has an exemption on the books for the
storage, use and transport of hobby rocket motors. Now, if we can only get the Feds to follow suit.
The section
of the Ohio State Fire Code is 3743.80. It is an exemption for the storage and
use of hobby rocket motors in the State of Ohio. I spoke to Ross at
Magnum and he said that our old State Fire Marshall had attended some of the
pre or early TRA launches near Cleveland.
The ATFE inspector was right that Ohio does require a separate license for explosives magazines. When I called the FM office they initially said that a license ($75) was necessary. I gave a call to Ross and he gave me the exemption number and then I called the FM office back and they looked into it. A half hour later they returned my call verifying the exemption. In their defense, the person answering the phone initially was unable to talk to one of the marshals and did not know about the exemption.
The moral of the story is: you do not need anything from the State or need to contact them. The only requirements are at the local level which are covered earlier in this web page.
My local fire inspector did fall back on NFPA1127 and went straight down the list of requirements set therein when he stopped by my house for his inspection. He knew our old prefect (who is a retired fireman). He also asked if he could bring his son with him to look at my rockets.
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Making Motors at Home
DO NOT ATTEMPT TO MAKE MOTORS UNLESS YOU KNOW WHAT YOU ARE DOING!
This is me talking (Mike Brest), not Tony. I don’t make motors. I don’t know how to do it safely, so I don’t do it. If you read anything here that makes you want to try something stupid, just remember that it is you doing something stupid, not me suggesting it.
Many rocketeers are into making their own motors. For those of you that do, the question of how that plays into the permit process worries many people. The BATFE regulations require a manufacturing permit such as a LEMP, or HEMP for manufacturers. But here is the good news, if you make rocket motor propellant for your own personal use, then the LEUP is all you need. If you make motors for commerce, or for your own business use then you need some form of manufacturing permit. The above statement is made from my reading of the regulations, and supported by the following documentation provided by one rocketeer in South San Francisco CA. Since I am not knowledgeable or experienced in motor making, I will post these documents from his successful quest to receive both local and federal written approval of his motor making desires. And you can read and draw your own conclusions.
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SSF Fire Marshal |
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SSF Fire Marshal |
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SSF Fire Marshal |
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SSF Fire Marshal |
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Building Department |
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Fire prevention Building Division |
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BATFE |
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BATFE |
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BATFE |
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BATFE |
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