N.Y.C. Admin. Code § FC 5601: Section FC 5601: General

5601.1 Scope.

This chapter shall govern the possession, manufacture, storage, handling, use, transportation and sale of explosives, fireworks, materials used to create a special effect, including pyrotechnic special effects, and model and high-power rockets.

Exceptions:

1. Manufacture, storage, handling, use, transportation and sale of such materials by the Armed Forces of the United States, Coast Guard or National Guard.

2. Explosives in forms prescribed by the official United States Pharmacopoeia.

3. Reserved.

4. Reserved.

5. The use of explosives by federal and state, law enforcement and public safety agencies acting in their official capacity.

6. The storage, handling, use, transportation and sale of blank industrial-power load cartridges when packaged in accordance with United States Department of Transportation packaging regulations, except as otherwise provided in FC 5606.8.

5601.2 Permits.

Permits shall be required as set forth in FC 105.6.

5601.2.1 Reserved.

5601.2.2 Reserved.

5601.2.3 Permit restrictions.

The department, as a condition to the granting of a permit, may impose further restrictions on the storage, handling, use, transportation or sale of an explosive, fireworks display, or material, article, or device used to create a special effect that the department deems necessary or appropriate in the interest of public safety, including further restricting the quantity of materials, and designating the locations, days and times of day allowed for the permitted activity.

5601.2.4 Financial responsibility.

Applicants for a permit shall submit proof satisfactory to the department that the applicant has obtained and will maintain for the duration of the permit period a liability and casualty insurance policy, covering the permit holder, its officers, employees and agents, for personal injuries and property damage resulting from the permitted activity or the failure of the permit holder, its officers, employees and agents, to comply with any requirement of this chapter, any rule promulgated hereunder or the terms and conditions of the permit. Such insurance policy shall name the city of New York as an additional insured and shall provide for notice to the department at least ten days prior to any material change, cancellation or termination thereof. Such insurance policy shall be in the following amounts, as applicable.

1.

High explosives. The insurance policy for the storage or use of high explosive, including any blasting operation, shall be in an amount to be determined by the department but not less than five million dollars.

2.

Low explosives. The insurance policy for the storage of low explosives, small arms ammunition, primers, black powder or smokeless propellants shall be in an amount to be determined by the department but not less than one hundred thousand dollars.

3.

Fireworks. The insurance policy for the discharge of fireworks, including any fireworks display, shall be in an amount to be determined by the department but not less than two million dollars.

4.

Special effects. The insurance policy for the conduct of any pyrotechnic special effects, including any special effects involving the storage or use of a pyrotechnic material, article or device, shall be in an amount to be determined by the department but not less than one million dollars. The insurance policy for the conduct of non-pyrotechnic special effects shall be in an amount to be determined by the department.

5601.3 Prohibited materials, operations and facilities.

5601.3.1 Explosives.

It shall be unlawful to:

1. Manufacture any explosive, including small arms ammunition, primers, black powder, smokeless propellants, and binary explosives, unless authorized by the department.

2. Store for sale or display for sale any explosive in an area that is not secured from unauthorized access, including any unsecured display in an area accessible to the public.

3. Store, handle or use any explosive for any purpose other than one authorized by this chapter or other federal, state or city law, rule or regulation.

4. Store, handle or use any explosive in a residential building, or within 100 feet (30 480 mm) thereof, except for approved blasting operations, special effects and lawful storage of small arms ammunition for personal use and not for resale in accordance with FC 5606.

5. Store, handle or use any explosive without the permit, certificate of fitness and/or other approval required by this section.

6. Store, handle, use or sell the following explosives:

6.1. Liquid nitroglycerin.

6.2. Dynamite containing more than 60 percent liquid explosive ingredient.

Exception: Gelatin dynamite used for demolition or structural implosions approved by the department.

6.3. Dynamite without an approved absorbent, or in packaging that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.

6.4. Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds (4.54 kg) of net weight in one package.

6.5. Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.

6.6. Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products of their use more hazardous, when subjected to a temperature of 167°F (75°C) for a continuous period of 48 hours or less.

6.7. Explosives containing an ammonium salt and a chlorate.

6.8. Explosives that have not been approved or have been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.

6.9. Explosives that have not been packaged or marked in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Parts 100-180, and the requirements of FC 5603 and 5606.

7. Use any high explosive that has not been approved by the department.

8. Operate or maintain safe havens and interchange lots for motor vehicles transporting explosives as set forth in NFPA 498.

9. Store, handle, use, or sell pre-packaged products that, when mixed, constitute a binary explosive, unless authorized by the department.

5601.3.2 Fireworks.

It shall be unlawful to:

1. Manufacture fireworks.

2. Sell fireworks, or offer or display fireworks for sale.

3. Store, handle, use or possess fireworks for any purpose other than conducting a fireworks display approved in accordance with this chapter.

4. Store fireworks, except temporary storage incidental to a fireworks display.

5. Conduct a fireworks display indoors.

6. Conduct a fireworks display without the fireworks contractor certificate and certificates of fitness required by this chapter.

7. Manually discharge a fireworks display, or conduct a fireworks display without an electrical control panel.

8. Store, handle, use or sell fireworks that have not been approved or have been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.

9. Store, handle, use or sell fireworks that have not been packaged or marked in accordance with the regulations of the United States Department of Transportation, as set forth in CFR 49 Parts 100-180, and FC 5603 and 5606.

5601.3.3 Pyrotechnic material.

It shall be unlawful to:

1. Manufacture any pyrotechnic material, article or device, except as authorized by the department and when conducted by a person holding a certificate of fitness for such purpose who is employed by a pyrotechnic special effects contractor holding a company certificate.

2. Store for sale or display for sale any pyrotechnic material, article or device in an area that is not secured from unauthorized access, including any unsecured display in an area accessible to the public.

3. Store, handle or use any pyrotechnic material, article or device in any residential building or within 100 feet (30 480 mm) thereof, except as authorized by the department and when conducted by a person holding a certificate of fitness for such purpose who is employed by a pyrotechnic special effects contractor holding a company certificate.

4. Sell any pyrotechnic material, article or device designed to create a pyrotechnic special effect without the pyrotechnic contractor certificate required by this chapter.

5. Conduct any special effects using a pyrotechnic material, article or device without the certificate of fitness required by this chapter.

6. Store, handle, use or sell pyrotechnic material that has not been approved or has been forbidden in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Sections 173.51 and/or 173.54.

7. Store, handle, use or sell pyrotechnic material that has not been packed or marked in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Parts 100-180, and this chapter.

5601.3.4 Rocketry.

It shall be unlawful to manufacture, store, handle or use model rocketry or high-power rocketry, as defined in and consistent with the scope of NFPA 1122 and NFPA 1127, except when authorized by the department by issuance of a special effects permit.

5601.3.5 Sources of ignition.

It shall be unlawful to smoke, light or maintain an open flame, or conduct hot work operations within 100 feet (30 480 mm) of any location:

1. Where explosives or fireworks are stored, handled, used or otherwise discharged.

2. Where any material, article or device of an explosive, flammable or combustible nature, including pyrotechnic materials, articles and devices and fireworks, 1.4G, used to create a special effect are stored, handled, used or otherwise discharged.

5601.3.6 Sobriety.

It shall be unlawful to be under the influence of intoxicating beverages, narcotics, controlled substances, and prescription or nonprescription drugs that can impair judgment as follows:

1. When supervising storage, or handling, or otherwise discharging or using explosives or fireworks.

2. When supervising storage, or handling, or otherwise discharging or using materials, articles or devices of an explosive, flammable or combustible nature, including pyrotechnic materials, articles and devices and fireworks, 1.4G, used to create a special effect.

5601.4 Reserved.

5601.5 Supervision.

The manufacturing, storage, handling, use, transportation and sale of explosives, fireworks, and pyrotechnic and other special effects material, for blasting operations, fireworks displays, special effects, and any other material, operation or facility regulated by this chapter, shall be supervised in accordance with FC 5601.5.1 through 5601.5.5.

5601.5.1 Explosives.

Any blasting operations or other use of high explosives shall be conducted by blasting personnel employed by a company holding a blasting contractor certificate in accordance with FC 5601.5.1.1 through 5601.5.1.4.

5601.5.1.1 Blasting contractor.

Only a company holding a blasting contractor certificate issued pursuant to FC 115 and this section is authorized to engage in blasting operations and all related storage, handling, discharge or other use and transportation of explosives. Such a certificate shall be issued only to a company whose owners, principals and officers demonstrate to the satisfaction of the commissioner that they possess the requisite character and fitness, education, experience, licenses, facilities, equipment and qualified staff to safely conduct blasting operations.

5601.5.1.2 Blaster.

Blasting operations shall be conducted by a blasting crew under the personal supervision of a blaster holding a certificate of fitness for blasting operations. The blaster shall be in charge of and responsible for all blasting operations. The blaster shall ensure compliance with all applicable laws, rules, regulations, permit conditions and blasting procedures, and ensure that each member of the blasting crew is trained and knowledgeable in the use of explosives and holds the certificate of fitness applicable to their duties. The blaster shall prescribe the blast area and check that all persons, including the blasting crew, other job site personnel, pedestrians and other traffic, are outside the blast area before firing a blast. The duties of the blaster may be delegated to an apprentice blaster holding a certificate of fitness for apprentice blaster, except the authority to order a blast and provide access to a magazine.

5601.5.1.3 Blasting personnel.

All handling of high explosives, including handling in connection with blasting operations or other use, and handling incidental to transportation (other than approved transportation to and from the job site), shall be performed by a member of the blasting crew, including the blaster, an apprentice blaster holding a certificate of fitness for apprentice blaster, a magazine keeper holding a certificate of fitness for explosives storage, or an explosives handler holding a certificate of fitness for explosives handling.

5601.5.1.4 Magazine keeper.

The storage of high explosives shall be under the personal supervision of a magazine keeper holding a certificate of fitness for explosive storage. Such person shall have no duties other than safeguarding, operating and maintaining the magazine and its contents, including opening and closing the magazine and locking and otherwise securing the magazine from unauthorized entry and its contents from unauthorized access; receiving and dispensing or returning explosives; maintaining complete and accurate records of the explosives received, dispensed and returned; and visually inspecting and verifying the quantity and condition of the explosives in the magazine at the beginning and end of each work shift, and documenting same at the end of each work shift by signing an inventory slip in the presence of the succeeding magazine keeper. The unloading and loading of motor vehicles delivering explosives to the magazine or removing explosives therefrom shall be under the personal supervision of the certificate of fitness holder supervising the magazine.

5601.5.1.5 Blast monitoring specialist.

The monitoring of ground vibrations and air overpressure during blasting operations shall be personally conducted by a person holding a certificate of fitness for blast monitoring specialist as a blast monitoring specialist, who is employed by a company holding a certificate for blast monitoring.

5601.5.2 Fireworks.

Fireworks displays shall be conducted by a pyrotechnic operator and other fireworks display personnel employed by a company holding a fireworks contractor certificate in accordance with FC 5601.5.2.1 through 5601.5.2.3.

5601.5.2.1 Fireworks contractor.

Only a company holding a fireworks contractor certificate issued pursuant to FC 115 and this section is authorized to engage in fireworks displays or other event involving the discharge or other use of fireworks, and all related storage, handling, use and transportation of fireworks. Such a certificate shall be issued only to a company whose owners, principals and officers demonstrate to the satisfaction of the commissioner that they possess the requisite character and fitness, education, experience, licenses, facilities, equipment and qualified staff to safely conduct fireworks displays or other events involving the discharge or other use of fireworks. The fireworks contractor shall be responsible for the safe conduct of the display or other event, in the manner prescribed by the department, including:

1. Arranging for the preparation and submission of the fireworks display permit application, including the fireworks display plan, and obtaining the fireworks display permit.

2. Obtaining any necessary permit or authorization, including but not limited to any permit or authorization required by the United States Coast Guard, the New York City Department of Parks and Recreation, the Port Authority of New York and New Jersey, and the United States Federal Aviation Administration.

3. Ensuring compliance with all federal, state and local laws, rules and regulations governing the transportation of explosives.

4. Ensuring adequate facilities, fire protection, and staffing by qualified personnel, including the certificate of fitness holders required by this section.

5. Ensuring compliance with the directions of the department representatives.

6. In conjunction with the sponsor, ensuring maintenance of viewing areas at a safe distance from the location of the fireworks discharge, and other appropriate safety and crowd control measures, as prescribed by the commissioner.

7. Obtaining a liability and casualty insurance policy as set forth in FC 5601.2.4.

8. Conducting an inspection of the display site not more than 48 hours nor less than 24 hours prior to the scheduled display to determine whether there have been any changes in conditions at the display site or other area encompassed by the fireworks display plan (such as the presence of any new combustible or flammable material) that could render the area unsafe for a fireworks display. The fireworks display contractor shall notify the department of any such conditions and arrange for them to be removed.

9. Ensuring that the site of the display or other event is left in a safe condition.

5601.5.2.2 Pyrotechnic operator.

Fireworks displays shall be conducted under the personal supervision of a pyrotechnic operator holding a certificate of fitness for that purpose. Each pyrotechnic operator conducting a fireworks display shall be responsible for the safe handling, installation and discharge of fireworks and post-display site safety measures, in accordance with this section, the rules, the terms and conditions of the fireworks display permit, and all other applicable laws, rules and regulations. The duties of the pyrotechnic operator may be delegated to a pyrotechnic assistant holding a certificate of fitness for that purpose, except that the authority to discharge fireworks requires the pyrotechnic assistant to be in a direct line of sight with the pyrotechnic operator, who must await the firing signal that only the pyrotechnic operator shall give.

5601.5.2.3 Fireworks display personnel.

The pyrotechnic operator shall be assisted at each fireworks display by at least two fireworks display personnel, each of whom shall hold a certificate of fitness as a pyrotechnic assistant and carry out the duties and responsibilities thereof under the personal supervision of the pyrotechnic operator.

5601.5.3 Pyrotechnic special effects.

Pyrotechnic special effects shall be conducted by a pyrotechnic operator and other pyrotechnic special effects personnel employed by a company holding a pyrotechnic special effects contractor certificate in accordance with FC 5601.5.3.1 through 5601.5.3.4.

5601.5.3.1 Pyrotechnic special effects contractor.

Only a company holding a pyrotechnic special effects contractor certificate issued pursuant to FC 115 and this section is authorized to engage in pyrotechnic special effects or other event involving the discharge or other use of pyrotechnic and special effects materials, and all related storage, handling, use and transportation of such materials. Such a certificate shall be issued only to a company whose owners, principals and officers demonstrate to the satisfaction of the department that they possess the requisite character and fitness, education, experience, licenses, facilities, equipment and qualified staff to safely conduct special effects or other events involving the discharge or other use of pyrotechnic and other special effects materials. The pyrotechnic special effects contractor shall be responsible for the safe conduct of pyrotechnic special effects displays, in the manner prescribed by the department.

5601.5.3.2 Pyrotechnic operator.

Unless otherwise authorized by the department by rule or special effects permit, all pyrotechnic special effects displays shall be conducted under the personal supervision of a pyrotechnic operator holding a certificate of fitness for that purpose. Each pyrotechnic operator conducting a pyrotechnic special effects display shall be responsible for the safe handling, installation and discharge of materials, articles and devices used for pyrotechnic special effects displays, in accordance with this section, the rules, the terms and conditions of the fireworks display permit, and all other applicable laws, rules and regulations. The duties of the pyrotechnic operator may be delegated to a pyrotechnic assistant holding a certificate of fitness for that purpose, except that the authority to conduct a pyrotechnic special effects display requires the pyrotechnic assistant and the pyrotechnic operator to be within a direct line of sight with each other.

5601.5.3.3 Pyrotechnic special effects personnel.

The pyrotechnic operator shall be assisted at each special effects display by one or more pyrotechnic assistants, each of whom shall hold a certificate of fitness for such purposes and carry out the duties and responsibilities thereof under the personal supervision of the pyrotechnic operator.

5601.5.3.4 Storage and handling of pyrotechnic materials, articles or devices.

The storage of pyrotechnic materials, articles and devices, other than temporary storage in connection with a special effects display, shall be under the general supervision of a pyrotechnic operator. Unless otherwise authorized by the department by special effects permit, the handling of such materials, articles and devices shall be conducted under the personal supervision of a pyrotechnic operator.

5601.5.4 Non-pyrotechnic special effects.

Only a company holding a pyrotechnic special effects contractor certificate issued pursuant to FC 115 and this section is authorized to engage in non-pyrotechnic special effects or other event involving the discharge or other use of non-pyrotechnic special effects materials, articles and devices, and all related storage, handling, use and transportation of such materials.

5601.5.4.1 Pyrotechnic operator.

Unless otherwise authorized by the department by rule or special effects permit, all non-pyrotechnic special effects displays shall be conducted under the personal supervision of a pyrotechnic operator holding a certificate of fitness for that purpose. Each pyrotechnic operator conducting a non-pyrotechnic special effects display shall be responsible for the safe handling, installation and discharge of materials, articles and devices used for the special effects display, in accordance with this section, the rules, the terms and conditions of the fireworks display permit, and all other applicable laws, rules and regulations. The duties of the pyrotechnic operator may be delegated to a pyrotechnic assistant holding a certificate of fitness for that purpose or, if authorized by rule or special effects permit, other trained and knowledgeable persons, except for the authority to approve the special effect and initiate its conduct.

5601.5.4.2 Non-pyrotechnic special effects personnel.

The pyrotechnic operator shall be assisted at each special effects display by one or more pyrotechnic assistants, each of whom shall hold a certificate of fitness for such purposes and carry out the duties and responsibilities thereof under the personal supervision of the pyrotechnic operator.

5601.5.4.3 Storage and handling of non-pyrotechnic materials, articles or devices.

The storage of non-pyrotechnic materials, articles and devices used to create a special effect, other than temporary storage in connection with a special effects display, shall be under the general supervision of a pyrotechnic operator, or, if there is a certificate of fitness applicable to the supervision of such materials, such certificate of fitness holder. Unless otherwise authorized by the department by special effects permit, the handling of such materials, articles and devices shall be conducted under the personal supervision of a pyrotechnic operator or other qualified person holding a certificate of fitness.

5601.5.5. Powder-actuated tool loads.

The storage of powder-actuated tool loads shall be under the general supervision of a person holding a certificate of fitness for such purpose. The handling and use of powder-actuated tools shall be personally conducted by a person holding a certificate of fitness for such purpose.

5601.6 Reserved.

5601.7 Reserved.

5601.8 Reserved.

5601.9 Transportation of regulated materials.

Explosives, fireworks, pyrotechnic special effects materials and non-pyrotechnic special effects materials shall be transported in accordance with FC 5007.6, FC 5007.7, FC 5007.8, FC 5007.12, FC 5601.9.1 and FC 5601.9.2.

5601.9.1 Transportation to storage and use locations.

Any vehicle used to transport explosives, fireworks, and, when required by the department, pyrotechnic special effects materials and non-pyrotechnic special effects materials, to or from a blasting job site, fireworks display, special effects display or other location in New York City at which such materials are stored, handled or used:

1. is subject to inspection by the department to confirm that the hazardous materials are being transported in compliance with all applicable laws, rules and regulations; and

2. is subject to escort by department firefighting apparatus in accordance with department procedures.

5601.9.2 Other transportation of high explosives and fireworks.

Any vehicle transporting types and/or quantities of high explosives or fireworks restricted from crossing certain bridges and tunnels into or through New York City is subject to escort in New York City by department firefighting apparatus in accordance with department procedures.

5601.10 Monitoring by department.

Any material, operation or facility subject to the permit requirements of this chapter, including blasting operations, fireworks displays and special effects operations, may be monitored by representatives of the department to ensure compliance with the requirements of this chapter, the rules, and the terms and conditions of the permit. Such department representatives may order the immediate discontinuance of any storage, handling or use of explosives, fireworks or special effects materials, articles or devices in the interest of public safety.

5601.11 Reporting of personal injury or property damage.

The owner and the certificate of fitness holder responsible for the material, operation or facility shall immediately report to the department any incident involving the storage, handling or use of explosives, fireworks or special effects materials, articles or devices, that results in personal injury or property damage.

5601.12 Photography.

The department may restrict the taking of photographs, video recordings or other images at locations at which high explosives are being stored, handled and used.