Pooter's Dealer Academy
Texas RetailStand Rules.
A practical field guide to the Texas rules that matter most when you are setting up and operating a seasonal retail fireworks stand.
This page focuses on retail stands where customers remain outside the structure. It is intentionally shorter and easier to use than the full state rulebook.
Important — Local Rules Can Be Stricter
State Rules Are the Baseline.
Counties, municipalities, fire marshals, and other local authorities may impose additional or more restrictive requirements. Always contact the county fire marshal or local authority having jurisdiction before building, placing, stocking, or opening a stand.
Harris County is a good example: its fire code adds requirements beyond the basic state stand rules, including fireworks control areas and approved flame-break construction.
Permit Required
One current retail permit for each retail stand / sales location.
18+ Supervisor
A supervisor age 18 or older must be on duty during all phases of operation.
Outward-Opening Doors
Under 16 ft: at least 1. 16 ft or longer: at least 2, one at each end.
6 FT Minimum Depth
At least 6 ft from the front of the customer counter to the back of the stand.
01 • Permits
Before You Open
Get the paperwork right before you stock the stand or begin selling.
Retail Permit
A retail fireworks permit is required for each stand or retail sales location. The original permit must be posted at the location and available for inspection.
Sales Tax Permit
A valid Texas sales tax permit is required as part of the retail permit process. Use the current Texas Department of Insurance online retail-fireworks permit process.
Buy From a Texas-Licensed Source
Retailers must purchase Fireworks 1.4G from a distributor or jobber licensed in Texas and sell only from legally permitted retail fireworks sites during authorized selling periods.
Keep Inventory Paperwork Available
Shipping information, invoices, and bills of lading related to the inventory at each retail stand must be available for inspection on request.
02 • Stand Setup
Build the Stand Right
These are the basic Texas construction, access, and customer-separation requirements for a retail fireworks stand.
Stand Construction
The stand must be constructed of wood, metal, masonry, concrete, or a combination of those materials. Sales from tents and motor vehicles are prohibited.
Walk Doors
Stands less than 16 feet long need at least one walk door that opens outward. Stands 16 feet or longer need at least two outward-opening walk doors, one at each end. Keep the path to walk doors unobstructed while operating.
Customer Counter & Interior Depth
Maintain at least 6 feet from the front of the customer counter to the back side of the stand. Do not display fireworks on the customer counter or allow customers to handle fireworks unless an attendant is directly assisting them.
Limit Combustible Decorations
Keep combustible interior decorations such as posters, signs, and decorations to a minimum.
Off-Highway Parking
Every retail fireworks site must provide customer parking off the highway.
Overnight Security
If the stand is used for overnight storage of Fireworks 1.4G, it must have suitable locking devices to prevent unauthorized entry.
03 • Fire & Safety
Keep Ignition Sources Away
The stand, the area around it, and the way employees work all matter during an inspection.
No Smoking
Smoking is not allowed in the retail fireworks site, and lighted cigars, cigarettes, or pipes are prohibited within 10 feet of the site. Post conspicuous “Fireworks” and “No Smoking” signs using letters at least 4 inches high.
No Open Flame
Do not illuminate or heat the stand with devices requiring an open flame or exposed heating element. Electric heaters must have a tip-over shutoff.
Exterior Fire Protection
If external fire danger exists around the sales area, provide equipment or facilities capable of extinguishing small exterior fires that could threaten the stand.
10-Foot Clear Zone
Keep at least 10 feet on all sides of the retail fireworks site free of high grass, empty cardboard boxes, and trash.
04 • Electrical
Wire It Like It Will Be Inspected
Electrical violations are easy to spot and are specifically called out on the state stand inspection form.
Service Height / Burial
Electrical service to the stand must be installed at least 8 feet above ground or buried underground according to standards acceptable to the local authority having jurisdiction.
Emergency Power Shutoff
Every stand using electricity needs a point of power interruption near a walk door that shuts off electrical supply to devices and equipment inside and on the stand.
Approved & Protected Wiring
Electrical wiring, equipment, and devices must be UL approved, securely mounted, and maintained to prevent electrical hazards. Wiring splices inside the stand must be enclosed in junction boxes.
No Extension Cords Inside
Drop cords with lights, extension cords, and bare wiring may not be used inside a retail fireworks stand.
Generator Setup
Keep the generator at least 10 feet from the stand in an area free of grass, trash, and other flammables. Store reserve fuel in an approved safety container and provide a portable fire extinguisher rated at least 6-B:C.
05 • Operations
Rules While You Are Open
A compliant stand can still fail an inspection if day-to-day operations get sloppy.
Adult Supervisor On Duty
A supervisor who is at least 18 years old must be on duty during all phases of operation. The permit holder and supervisor are responsible for compliance.
Sales Age Rules
Fireworks may not be sold or offered for sale to children under 16. State law also restricts employment of minors, including supervision requirements for 16- and 17-year-old sales personnel, with a limited immediate-family exception.
No Alcohol
Possession or consumption of alcoholic beverages is prohibited at the retail fireworks site. Sales personnel and supervisors may not be under the influence while on duty.
Keep Exits Clear
Maintain an unobstructed pathway to walk doors while the stand is operating. Doors needed for egress cannot be blocked or made inaccessible while occupied.
06 • Distances
Retail Stand Distance Quick Reference
These are the stand distances dealers are most likely to use in the field. Measure before you place the stand, generator, or signs.
100 FT
Flammable liquid / compressed gas dispensing
A retail fireworks stand may not sell within 100 feet of a place where flammable liquids or flammable compressed gases are stored and dispensed. Ex: Gas pumps, Propane tank exchange cages, Fuel filling ports.
10 FT
Clear area around the stand
Keep at least 10 feet on every side free of high grass, empty cardboard boxes, and trash.
10 FT
Generator separation
A generator must be at least 10 feet from the stand and located in an area free of grass, trash, and other flammable materials.
10 FT
Smoking boundary
Smoking is prohibited in the retail site, and lighted cigars, cigarettes, or pipes are prohibited within 10 feet of a site where fireworks are sold or stored.
8 FT
Overhead electrical service
Electrical service must be installed at least 8 feet above ground or buried underground to standards acceptable to the local AHJ.
6 FT
Customer counter to back of stand
Maintain at least 6 feet from the front of the customer counter to the back side of the stand.
Do Not Confuse This With Normal Stand Siting
Table 1 Is a Bulk-Storage Distance Table
Texas Rule §34.823 says the bulk-storage provisions apply to retail storage of more than 500 cases of Fireworks 1.4G. Those storage facilities must meet §34.824 Table 1 separation distances. The table uses net pyrotechnic / explosive composition and fuse weight, not gross case weight.
| Net Weight of Fireworks | Passenger Railways / Public Highways | Inhabited Buildings |
|---|---|---|
| 100 lb | 50 ft | 50 ft |
| 200 lb | 50 ft | 60 ft |
| 400 lb | 50 ft | 70 ft |
| 600 lb | 50 ft | 80 ft |
| 800 lb | 50 ft | 90 ft |
| 1,000 lb | 50 ft | 100 ft |
| 2,000 lb | 58 ft | 115 ft |
| 3,000 lb | 62 ft | 124 ft |
| 4,000 lb | 65 ft | 130 ft |
| 5,000 lb | 68 ft | 135 ft |
| 6,000 lb | 70 ft | 139 ft |
| 8,000 lb | 73 ft | 140 ft |
| 10,000 lb | 75 ft | 150 ft |
07 • Local Rules
Your County May Require More
Texas rules are not the end of the checklist. Always verify the requirements for the exact county and jurisdiction where the stand will operate.
Harris County Example
Fireworks Control Areas & Flame Breaks
Harris County states that when its fire-code provisions conflict with the Texas Fireworks Rules, the more stringent provision applies. Its code limits a fireworks control area to no more than 125 pounds of pyrotechnic material and allows approved flame breaks every 8–10 feet to establish separate retail-stand control areas.
The Point
A stand that meets the state checklist may still need additional construction or spacing to satisfy the local fire marshal.
125 LB
Maximum pyrotechnic material per Harris County control area
8–10 FT
Approved flame-break spacing used to establish separate control areas
3/4"
Minimum plywood thickness for an approved flame break
FULL HEIGHT
Back wall to furthest shelf point, floor to underside of roof, with fire caulking
10 FT
From vehicles
20 FT
From other buildings
30 FT
From combustibles
50 FT
From cooking / open flame equipment
100 FT
From fuel or retail propane dispensers
Harris County also adds other stand-specific details, including smoke detectors, exit-travel requirements, minimum walk-door dimensions, and local permitting / inspection requirements. Do not build from this summary alone — confirm the current requirements with HCFMO for the specific site.
Verify Before Opening
Official References
This Dealer Academy page is an educational field guide, not a substitute for the complete Texas Occupations Code, Texas Administrative Code, an inspection, or instructions from your local authority having jurisdiction. Rules and local requirements can change.