LUNAR’clips
2003
Volume 10, Number 1
LUNAR’clips
2003
Volume 10, Number 1
Livermore Unit of the National Association of Rocketry January/February 2003
Copyright © 2003 by LUNAR, All rights reserved.
Go to Mike Brest's web page for the most up-to-date version of this article.
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 BATF permit that so many amateur rocketeers need and should have to properly, legally, and safely enjoy their sport. Tony should be commended for his efforts, but don't blame him or me if something unexpected pops up. Every state & local jurisdiction has its quirks. 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.
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.
1) If you are seeking a non-storage LEUP, then you probably don't need to get the fire department or other local authorities involved. We are not sure if the ATF is still issuing non-storage LEUPs or not, under the new Homeland Security Act. It is still worth checking into if that is what works for you.
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 at http://www.atf.treas.gov/explarson/fedexplolaw/subpartk.pdf), then the Fire Dept. only needs to be notified. If you 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 also need the Fire Departments approval. If you have a typical residential situation, you are very likely to need the variance.
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.
The first approval you need is from the local Fire Department. 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). Take a printed copy of the Code Analysis ( http://xtratime.net/Model%20Rocketry%20and%20High%20Power%20Rocketry.doc) 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 the one below, and don't forget to show property lines, distances from nearest flame if any, neighboring houses, and the nearest fire hydrant.
Federal Law: Code of Federal Regulations
State Law:
California Code of Regulations (Use this link to get to the CCR index if the below links are not correct. We try to keep them set up correctly but the state likes to re-index their document ID numbers which makes these links take you to the wrong document.)
The only one that mentions anything about storage is Article 17, and it is very vague on storage. But it does make mention of NFPA 1122 in other areas.
California Fire Code (not available on line):
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.
National Fire Protection Association (NFPA) (not available on line):
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).
http://www.aerotech-rocketry.com/customersite/resource_library/RegulatoryDocuments/OSHA(MSDS)/4-1_RMS_MSDS.pdf
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
With the above information in hand, you want 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.
ATF:
Once you get the fire departments approval 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 (a new form is being made). 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 Responsible Persons Questionnaire (RPQ). This form is not out yet but should be available at. (Once it's made) http://www.atf.treas.gov/forms/5000.htm#explosives.
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:
ATF Address:
This article, with a lot of useful links, is available online at http://xtratime.net/leup.htm
This article Copyright © 2003 by Tony Alcocer and Mike Brest.
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