Applying for an Attached Garage Storage Variance

NOTE: This information applies only to rocketeers who fly H motors and above.  If you are flying anything in the A through G range then you can ignore this information.

This page will help you apply for a Storage Magazine Variance.  You should have your LEUP already or you can apply for the variance at the same time you apply for your LEUP.  I don't know how long adding a variance application to your LEUP application will delay things.  My experience was to get my LEUP first and then apply for the variance.  Getting the variance took about 4 weeks.  It worked for me but YMMV.

Instruction for getting a contingency storage LEUP are on another page. This page will guide you in filling out the Explosive Storage Magazine Description Worksheet of ATF form 5400.13/5400.16 in order to request an attached garage variance. These pages are also available as a PDF file.  You can also obtain a blank Explosive Storage Magazine Description Worksheet of form 5400.13 here.

If you have a magazine in a secure building that is at least 75ft from the nearest inhabited building, railroad and highway, and is not attached to your residence, then you do not need a variance and you can fill out the Storage Magazine Worksheet accordingly and file it at the same time as your LEUP application.

If you live in an apartment or other dwelling without an attached garage, you may be out of luck.  Your best bet would be to contact your local ATF Inspector and ask them what you can do about storage.  One alternative might be to set up a club storage magazine under the control of a club member with a LEUP with storage.

Storage Magazine Tutorial

Note: This tutorial assumes you are using a magazine from Impulse Aerospace.  It is a very good magazine and has been approved by the ATF Safety Office and has worked for at least three of the members of our club, with more on the way.  You can contact of Impulse Aerospace for more information on this magazine.  If you use a different magazine you will, of course, have to change some of the answers given in this tutorial.

Getting a variance used to be a local thing.  You would contact your local fire marshal and get their approval then contact your local ATF inspector to get your variance. However, in August 2002, ATF decided that there was too much inconsistency in granting variances.  Some areas could get a variance very easily, others were required to jump through hoops.  To even out the process they centralized all variance requests.  The details of the ruling (2002-3) are available online at the ATF web site.

Since all variance requests must go through the ATF Safety Office (which is a different place than where you send your LEUP application), I recommend getting your LEUP first and then requesting a variance after you receive your LEUP.  Obviously, if you can store your magazine in a secure building that is at least 75ft from any inhabited building, highway, or railroad, you can store your magazine there without the need for a variance.

Get Your Magazine

The first order of business in getting a storage variance is to get the magazine.  They are sold by many vendors, most of our club uses the one sold by Joe Grasso of Impulse Aerospace. It's not listed on his website, but you can purchase one from him.  He has had the magazine checked out by the ATF Safety Office.

Write Variance Letter

Write a letter requesting a variance for an attached garage and list all the items that will be attached to the letter, Fire Marshal approval, Storage Magazine Worksheet, plat plan, and photos of the magazine. Be sure to put your LEUP number after your signature.

Get Local Fire Marshal Approval

Once you have the magazine in hand, your next task is to find a location (your garage is a good place) to place the magazine and then contact your local fire marshal.  Depending on your location this may be the hardest part of filing for a variance.  You may have to do some education in order to get your fire marshal to approve your magazine.  We have found that once you explain what your are storing, how much of it you are storing and what it's characteristics are, you should have no problem getting your approval letter.

Fill Out the Storage Magazine Worksheet

Next you need to fill out the Explosive Storage Magazine Description Worksheet.  First fill out the upper portion with your name and address as they appear on your LEUP application.  Choose any designation for your magazine.  Use this identifier on your Plat Plan (more on this later).  Our state does not require separate state or local magazine certification therefore we enter 'None'.  Your state may require this, check it out before sending in your application.

 

Unless you are a dealer, there is really no need to have anything other than a portable magazine. Indicate this on question A of the form and check type IV.  You are not required to have any other type of magazine for the amount and type of propellant you use.

For question B put 'Not Applicable' since you do not run a business.

Question C should say 'Not Applicable'.

On question D, enter 'None' since our propellant will not explode.

For question E, use the following answers if you have a typical magazine and are storing it in the typical garage.  Check 'Barricaded' and keep your garage door locked or have a garage door opener on the door that will not allow the door to open by hand from the outside.  

Unless you live next to a major expressway or highway you can enter 'N.A.'  Otherwise, give the distance to the highway.  Most people will use 'N.A.'

List the distance in feet to the nearest inhabited building (neighbor's home, not yours).

If you live next to a railroad track that is used by passenger trains, enter 'None' for the final part.

For question F you can use the following dimensions if you use an Impulse Aerospace magazine.  Otherwise measure your magazine and use it's dimensions.  The circled letter notation just saves some writing.  If you want you can enter the dimensions for each part.

Question G is about security of the garage where the magazine is stored.  Most garage doors have the equivalent of dead bold locks on them and if you have a door on your garage that opens to the outside, I'd recommend putting a deadbolt on it if it doesn't have one.

G-2 is for the locks on the magazine.  The Impulse Aerospace magazine uses two mortise locks.

G-3 is left blank since there are no padlocks on the magazine.

Question H describes the capacity of the magazine and what will be stored in it.  The one from Impulse Aerospace holds 50 lbs. and is 14.5 inches high, 17.5 inches long and 7.5 inches wide.  

For question I you will be storing high power rocket propellant in it.  And indicate that they are classified as 'Low Explosives'.

Question J will show that you own the magazine. Also list your address and phone number.

Question K will have your name and phone number once again.

For Question L list 'None' since it is your garage and you always have access to it.

Finally print your name followed by 'Owner' and date the form.

Plat Plan

You also need to include a plat plan showing where the magazine is in relation to your home and nearby structures.  You should show the general outline of you home, showing which part is the garage and where in the garage the magazine will be kept.  You should also indicate the distance between the magazine and the nearest homes, highways (if applicable) and railroads (if applicable).  The example shows a surveyors plot but it doesn't have to be that detailed.  As long as you give the distances to the nearest homes and where the magazine is located, that should do it.

Magazine Photos

You should also include a set of photos of your magazine.  They should show the features of the magazine so the Safety Office can determine if your magazine will meet their requirements. These are pictures of the Impulse Aerospace magazine.  You can contact of Impulse Aerospace for more information.

Mag_01_sm.jpg (98272 bytes) Mag_02_sm.jpg (101637 bytes) Mag_03_sm.jpg (103051 bytes) Mag_04_sm.jpg (97356 bytes) Mag_05_sm.jpg (97069 bytes)

Wrap Up

Finally get all these items together, place your letter requesting your variance on top followed by the other documentation you listed in the letter.  Send all this information to:

Public Safety Branch
800 K St NW
Suite 710
Washington, DC 20001
Attn: Chief

Now make two copies of this information.  (The original will be sent to the Public Safety Office.  The other copy is for you to keep for your records.)

You should get your notice from the ATF in about 4 to 6 weeks.  Good luck.

Go to the LEUP Tutorial


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Page last modified Wednesday, February 27, 2008