The city of Arlington Texas has adopted the 2003 version of the International Fire Code by the International Code Council "by reference" which means that the code writing organization claims copyright on the code. Therefore the city has only made available the amendments to this code on their web site.
This claim of copyright has recently been tested in federal court and the court has held that the law cannot be copyrighted. (Veeck v.Southern Building Code Congress) So once the code is adopted, even if only by reference, it loses copyright protection. The model code organizations are screaming bloody murder over this but I have no sympathy. I spent $50 to acquire copies of NFPA 1122 and NFPA 1127. Once you drop the useless text and count just the actual code, there are no more than 15 pages. That is a very high cost.
The model code writers are operating under the model where they give the code to cities for free and then charge the peons who are forced to follow the code for the privilege of knowing what it actually says. In my opinion, this is backwards. The cities adopt these model codes so that they can avoid the cost of developing their own and as another benefit, have some consistency between cities. The cities are the ones that derive the benefits of using these codes and I believe that the cities should be charged a fee for this privilege.
Enough of the soapbox. What does the city of Arlington code say about rocket motors? I visited the main branch of the public library to look at the code.
The relevant part of the code is Chapter 33 of which I reproduce the first page here as amended by the city of Arlington.
Chapter 33 Explosives and Fireworks
Section 3301
General
3301.1 Scope The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale, and use if explosives, explosive materials, fireworks and small arms ammunition.
Exceptions:
- The Armed Forces of the United States, Coast Guard or National Guard.
- Explosives in forms prescribed by the official United States Pharmacopoeia.
- The possession, storage and use of small arms ammunition when packaged in accordance with DOTs packaging requirements.
- The possession, storage and use of not more than 1 pound (0.454 kg) of commercially manufactured sporting black powder, 20 pounds (9kg) of smokeless powder and 10,000 small arms primers for hand loading of small arms ammunition for personal consumption.
- The use of explosive materials by federal,state and local regulatory, law enforcement and fire agencies acting in their official capacities.
- Special industrial explosive devices which in the aggregate contain less than 50 pounds (23 kg) of explosive materials.
- The possession, storage and use of blank industrial power load cartridges when packaged in accordance with DOTs packaging requirements.
- Transportation in accordance with DOT 49 CFR Parts 100-178.
- Items preempted by federal regulations.
3301.1.1 Explosive material standard. In addition to the requirements of this chapter, NFPA 495 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials.
3301.1.2 Explosive material terminals. In addition to the requirements of this chapter, the operation of explosive material terminals shall conform to the provisions of NFPA 498.
3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
EXCEPTIONS:
- Only when approved for fireworks displays, storage and handling of fireworks as provided in Section 3304 and 3308.
- The use of fireworks for approved display as permitted in Section 3308.
3301.1.4 Rocketry. The storage, handling and use of model and high power rocket motors shall comply with the requirements of NFPA 1122, NFPA 1125, and NFPA 1127.
3301.1.5 Ammonium Nitrate. The storage and handling of ammonium nitrate shall comply with the requirements of NFPA 490 and Chapter 40.
Exception: Storage of ammonium nitrate in magazines with blasting agents shall comply with the requirements of NFPA 495.
3301.2 Permit required. Permits shall be required as set forth in Section 105.6 and regulated in accordance with this section.
3301.2.1 residential uses. No person shall keep or store, nor shall any permit be issued to keep or store, any explosives at any place of habitation, or within 100 feet (30,480mm) thereof.
Exception: Storage of smokeless propellant, black powder, and small arms primers for personal use and not for resale in accordance with Section 3306.
I think that is enough of that. Since section 105.6 is referenced with regards to permits, part of it is reproduced here:
105.6 Required operational and construction permits and fees.
A permit shall be obtained from the Fire Marshal's Office prior to engaging in any of the listed activities, operations or functions. Permit fees shall comply with the following schedule, subject to the penalties listed in Section 105.1.1.3.
2. All permits required by Section 3301.2 for explosive materials - $100.00.
The first thing you might notice is that the NFPA codes are referenced frequently and even included as additional requirements. You might think that there would be a copy of the NFPA codes at the public library as well. You would be wrong.
It is not immediately clear if a permit is required. But note that model and high power rocket motors are treated the same and I am not aware of the city requiring a permit to store, use, or sell model rocket motors. That and when I visited with the Fire Marshal as part of the process of renewing my ATF permit, they did not require one. So it would appear that no city permit is required. It is also not clear if this is a one time fee of $100 or an annual fee. If it were an annual fee and the city decided that a permit was required, this would add a significant additional expense. Except that they would not issue a permit for a residence which would end everything right there.
So long as you limit yourself to just a single can of BP, the city doesn't care what you do with it. Once you go over that, it appears as though the $100 permit is required. So it is a good thing that a single can will last your average rocketeer from many years to a lifetime.
The Arlington City Code can now be found through the city web pages. So no trip to the central library is required to read it. It looks like they are up to the 2015 version of the IFC. The references to the NFPA rocketry codes are unchanged except for the number. (5601.1.4 now)