N.Y. Penal Law § 405.10: Permits for indoor pyrotechnics

§ 405.10 Permits for indoor pyrotechnics.

1. Definitions. For the purposes of this section, the following terms

have the following meanings:

a. Airburst. A pyrotechnic device that is suspended in the air to

simulate outdoor aerial fireworks shells without producing hazardous

debris.

b. Areas of public assembly. All buildings or portions of buildings

used for gathering together fifty or more persons for amusement,

athletic, civic, dining, educational, entertainment, patriotic,

political, recreational, religious, social, or similar purposes, the

entire fire area of which they are a part, and the means of egress

therefrom.

c. Assistant. A person who works under the supervision of the

pyrotechnic operator.

d. Audience. Spectators whose primary purpose is to view a

performance.

e. Building. A combination of any materials, whether portable or

fixed, having a roof, to form a structure affording shelter for persons,

animals, or property. The word "building" shall be construed for the

purposes of this section as though followed by the words "or part or

parts thereof", unless the context clearly requires a different meaning.

f. Concussion mortar. A device specifically designed and constructed

to produce a loud noise and a violent jarring shock for dramatic effect

without producing any damage.

g. Fallout area. The area in which any hazardous debris falls after a

pyrotechnic device is fired. The fallout area is defined as a circle

that, in turn, is defined by the fallout radius.

h. Fallout radius. A line that defines the fallout area of a

pyrotechnic device. The line is defined by two points. The first point

is at the center of a pyrotechnic device. The second point is the point

most distant from the center of the pyrotechnic device at which any

hazardous debris from the device can fall.

i. Fire area. The floor area of a story of a building within exterior

walls, party walls, fire walls, or any combination thereof.

j. Hazardous debris. Any debris, produced or expelled by the

functioning of a pyrotechnic device, that is capable of causing personal

injury or unpredicted property damage. This includes, but is not limited

to, hot sparks, heavy casing fragments, and unignited components.

Materials such as confetti, lightweight foam pieces, feathers, or

novelties are not to be construed as hazardous debris.

k. Owner. Any person, agent, firm, association, limited liability

company, partnership, or corporation having a legal or equitable

interest in the property.

l. Performance. The enactment of a musical, dramatic, operatic, or

other entertainment production. The enactment may begin and progress to

its end according to a script, plan, or other preconceived list of

events, or deviate therefrom. A performance includes any encores.

m. Performer. Any person active in a performance during which

pyrotechnics are used and who is not part of the audience or support

personnel. Among others, performers include, but are not limited to,

actors, singers, musicians, and acrobats.

n. Permit authority. The agency authorized to grant and issue the

permits provided for in this section on or within state property shall

be the office of fire prevention and control, in the territory within a

county park shall be the county park commission, or such other agency

having jurisdiction, control, and/or operation of the parks or parkways

within which any pyrotechnics are to be used, in a city shall be the

duly constituted licensing agency thereof and, in the absence of such

agency, shall be an officer designated for the purpose by the

legislative body thereof, in a village shall be an officer designated

for the purpose by the board of trustees thereof, and, in the territory

of a town outside of villages, shall be an officer designated for the

purpose by the town board thereof.

o. Permittee. (1) The person or persons who are responsible, as

provided in subparagraph two of this paragraph, for obtaining the

necessary permit or permits for the use of indoor pyrotechnics in areas

of public assembly or for a production, or who are responsible for

obtaining such permit or permits under an applicable local law or

ordinance authorized pursuant to subdivision five of this section.

(2) The owner of a place of public assembly or building in which

pyrotechnics are to be used shall be responsible for obtaining such

permit or permits; provided, however, that such owner, in writing, by

agreement or lease, may require or otherwise authorize a lessee,

licensee, pyrotechnic operator, or other party to be responsible for

obtaining such permit or permits, in which case such other party or

parties shall be deemed responsible for obtaining such permit or permits

and shall be the permittee for purposes of this article; provided

further that the structure is otherwise appropriate for such use under

the New York state fire prevention and building code or other such

applicable code.

p. Producer. An individual who has overall responsibility for the

operation and management of the performance where the pyrotechnics are

to be used. Generally, the producer is an employee of the promotion

company, entertainment company, festival, theme park, or other

entertainment group.

q. Production. All the performances of a musical, dramatic, operatic,

or other show or series of shows.

r. Pyrotechnic device. Any device containing pyrotechnic materials and

capable of producing a special effect as defined in this subdivision.

s. Pyrotechnic material (Pyrotechnic special effects material). A

chemical mixture used in the entertainment industry to produce visible

or audible effects by combustion, deflagration, or detonation. Such a

chemical mixture consists predominantly of solids capable of producing a

controlled, self-sustaining, and self-contained exothermic chemical

reaction that results in heat, gas, sound, light, or a combination of

these effects. The chemical reaction functions without external oxygen.

t. Pyrotechnic operator (Special effects operator). An individual who

has responsibility for pyrotechnic safety and who controls, initiates,

or otherwise creates special effects.

u. Pyrotechnic special effect. A special effect created through the

use of pyrotechnic materials and devices.

v. Pyrotechnics. Controlled exothermic chemical reactions that are

timed to create the effects of heat, gas, sound, dispersion of aerosols,

emission of visible electromagnetic radiation, or a combination of these

effects to provide the maximum effect from the least volume.

w. Rocket. A pyrotechnic device that moves by the ejection of matter

produced by the internal combustion of propellants.

x. Special effect. A visual or audible effect used for entertainment

purposes, often produced to create an illusion. For example, smoke might

be produced to create the impression of fog being present, or a puff of

smoke, a flash of light, and a loud sound might be produced to create

the impression that a cannon has been fired.

y. Support personnel. Any individual who is not a performer or member

of the audience. Among others, support personnel include the road crew

of any production, stage hands, property masters, security guards, fire

watch officers, janitors, or any other employee.

z. Venue manager. An individual who has overall responsibility for the

operation and management of the facility where pyrotechnics are to be

used in a performance.

2. Permit requirements. a. All uses of all pyrotechnics in areas of

public assembly shall be approved by the permit authority. The permit

authority shall determine that appropriate measures are established to

provided acceptable crowd management, security, fire protection,

(including sprinklers), and other emergency services. All planning and

use of pyrotechnics shall be coordinated with the venue manager and

producer.

b. Before the performance of any production, the permittee shall

submit a plan for the use of pyrotechnics to the permit authority. After

a permit has been granted, the permittee shall keep the plan available

at the site for safety inspectors or other designated agents of the

permit authority. Any addition of pyrotechnics to a performance or any

significant change in the presentation of pyrotechnics shall require

approval by the permit authority, except that reducing the number or

size of pyrotechnics to be used in a performance shall not be considered

to be a significant change in the presentation.

c. (1) The plan for the use of pyrotechnics shall be made in writing

or such other form as is required or approved by the permit authority.

(2) The plan shall provide the following:

(a) Name of the person, group, organization, or other entity

sponsoring the production.

(b) Date and time of day of the production.

(c) Exact location of the production.

(d) Name of the person actually in charge of firing the pyrotechnics

(i.e., the pyrotechnic operator).

(e) Number, names, and ages of all assistants who are to be present.

(f) Qualifications of the pyrotechnic operator.

(g) Pyrotechnic experience of the operator.

(h) Confirmation of any applicable local, state, and federal licenses

held by the operator or assistant.

(i) Evidence of the permittee's insurance carrier or financial

responsibility.

(j) Number and types of pyrotechnic devices and materials to be used,

the operator's experience with those devices and effects, and a

definition of the general responsibilities of assistants.

(k) Diagram of the grounds or facilities where the production is to be

held. This diagram shall show the point at which the pyrotechnic devices

are to be fired, the fallout radius for each pyrotechnic device used in

the performance, the lines behind which the audience shall be

restrained, and the placement of sprinkler systems.

(l) Point of on-site assembly of pyrotechnic devices.

(m) Manner and place of storage of the pyrotechnic materials and

devices.

(n) Material safety data sheet (MSDS) for the pyrotechnic materials to

be used.

(o) Certification that the set, scenery, and rigging materials are

inherently flame-retardant or have been treated to achieve flame

retardancy.

(p) Certification that all materials worn by performers in the fallout

area during use of pyrotechnic effects shall be inherently

flame-retardant or have been treated to achieve flame retardancy.

(3) All plans shall be submitted as soon as is possible so that the

permit authority has time to be present and to notify other interested

parties. In no event shall such advance notice be less than five

business days.

d. A walk-through and a representative demonstration of the

pyrotechnics shall be approved by the permit authority before a permit

is approved. The permit authority may waive this requirement based on

past history, prior knowledge, and other factors; provided that the

authority is confident that the discharge of pyrotechnics can be

conducted safely. The demonstration shall be scheduled with sufficient

time allowed to reset/reload the pyrotechnics before the arrival of the

audience.

e. All pyrotechnic operators shall be at least twenty-one years old

and licensed or approved by the permit authority in accordance with all

applicable laws, if any. All assistants shall be at least eighteen years

old.

3. Conduct of pyrotechnic performances. a. Two or more fire

extinguishers of the proper classification and size as approved by the

permit authority shall be readily accessible while the pyrotechnics are

being loaded, prepared for firing, or fired. In all cases, at least two

pressurized water or pump extinguishers shall be available. Additional

fire extinguishing equipment shall be provided as required by the permit

authority. Personnel who have a working knowledge of the use of the

applicable fire extinguishers shall be present while the pyrotechnics

are being handled, used, or removed. No personnel shall use or handle

pyrotechnic materials or devices while under the influence of

intoxicating beverages, narcotics, controlled substances, and

prescription or nonprescription drugs that can impair judgment. Fire

detection and life safety systems shall not be interrupted during the

operation of pyrotechnic effects.

b. (1) All pyrotechnic devices shall be mounted in a secure manner to

maintain their proper positions and orientations so that, when they are

fired, the pyrotechnic effects described in the plan submitted by the

permittee are produced. Pyrotechnic devices shall be mounted so that no

fallout from the device endangers human lives, results in personal

injury, or damages property. Pyrotechnic materials shall be fired only

from equipment specifically constructed for the purpose of firing

pyrotechnic materials. The pyrotechnic operator shall be responsible for

selecting equipment and materials that are compatible.

(2) Where rockets are launched before an audience, performers, or

support personnel, the rockets shall be attached securely to a guide

wire or cable with both ends securely attached and placed on an

impact-resistant surface located at the terminal end of the guide. This

guide wire or cable shall be of sufficient strength and flame resistance

to withstand the exhaust from the rocket. An effective arrangement to

stop the rocket shall be provided.

(3) Pyrotechnics shall be: (a) placed so that any hazardous debris

falls into a safe, flame-resistant area; (b) fired so that the

trajectory of their pyrotechnic material is not carried over the

audience; and (c) placed for firing so that no flammable materials are

within their fallout area.

(4) Pyrotechnic devices and materials used indoors shall be

specifically manufactured and marked for indoor use by the manufacturer.

(5) Airbursts shall be permitted to be fired above the assembled

audience, subject to the following conditions:

(a) The airburst shall be suspended by a minimum 30-gauge metal wire

that is attached securely to a secure support acceptable to the

authority having jurisdiction.

(b) The airburst shall occur at a minimum height of three times the

diameter of the effect.

(c) Where the effect is demonstrated, there shall be no burning or

glowing particles below the fifteen-foot level above the floor.

c. Each pyrotechnic device fired during a performance shall be

separated from the audience by at least fifteen feet but not by less

than twice the fallout radius of the device. Concussion mortars shall be

separated from the audience by a minimum of twenty-five feet. There

shall be no glowing or flaming particles within ten feet of the

audience.

d. (1) The facility where pyrotechnic materials and devices are

handled and used shall be maintained in a neat and orderly condition and

shall be kept free of any conditions that can create a fire hazard.

(2) Smoking shall not be permitted within twenty-five feet of the area

where pyrotechnics are being handled or fired; provided that smoking by

performers as part of the performance shall be permitted as blocked in

rehearsals and if expressly approved by the pyrotechnic operator and the

permit authority.

e. (1) The pyrotechnic effect operator shall advise all performers and

support personnel that they are exposed to a potentially hazardous

situation when performing or otherwise carrying out their

responsibilities in the vicinity of a pyrotechnic effect. Performers and

support personnel familiar and experienced with the pyrotechnic effects

being used shall be permitted to be in the area of a pyrotechnic effect,

but only voluntarily and in the performance of their duties.

(2) No part, projectile, or debris from the pyrotechnic material or

device shall be propelled so that it damages overhead properties,

overhead equipment, or the ceiling and walls of the facility.

(3) Immediately before any performance, the pyrotechnic operator shall

make a final check of wiring, positions, hook-ups, and pyrotechnic

devices to ensure that they are in proper working order. The pyrotechnic

operator also shall verify safety distances.

(4) The placement and wiring of all pyrotechnic devices shall be

designed to minimize the possibility of performers and support personnel

disturbing the devices during a performance.

(5) The pyrotechnic operator shall exercise extreme care throughout

the performance to ensure that the pyrotechnic devices function

correctly and that the performers, support personnel, and audience are

clear of the devices.

(6) When pyrotechnics are fired, the quantity of smoke developed shall

be controlled so as not to obscure the visibility of exit signs or paths

of egress.

4. Bonds. Before granting and issuing a permit for a use of

pyrotechnics as provided in this section, the permit authority shall

require an adequate bond from the applicant therefor, unless such

applicant is a state entity, county park, city, village, or town, or

from the person to whom a contract for such use shall be awarded, in a

sum to be fixed by the permit authority, which, however, shall not be

less than five hundred thousand dollars, conditioned for the payment of

all damages which may be caused to a person or persons or to property by

reason of the use so permitted and arising from any acts of the

permittee, his or her agents, employees, contractors, or subcontractors.

Such bond shall run to the owner of the facility for which the permit is

granted and issued and shall be for the use and benefit of any person or

persons or any owner or owners of any property so injured or damaged,

and such person or persons or such owner or owners are hereby authorized

to maintain an action thereon, which right of action also shall accrue

to the heirs, executors, administrators, successors, or assigns of such

person or persons or such owner or owners. The permit authority may

accept, in lieu of such bond, an indemnity insurance policy with

liability coverage and indemnity protection equivalent to the terms and

conditions upon which such bond is predicated and for the purposes

herein provided.

5. Local laws or ordinances superseded. All local laws or ordinances

regulating the use of pyrotechnics within the contemplation of this

section are hereby superseded by the provisions of this section, with

the exception of:

a. all laws or ordinances enacted by a city of one million or more;

and

b. other local laws or ordinances that prohibit the use of indoor

pyrotechnics.