N.Y.C. Admin. Code § FC 5608: Section FC 5608: Fireworks Displays

5608.1 Scope.

The discharge or other use of fireworks shall comply with the requirements of the New York State Penal Law Article 405, this chapter, the rules, NFPA 1123, and all other applicable laws, rules and regulations.

5608.2 Permits.

Permits shall be required as set forth in FC 105.6.

5608.2.1 Fireworks display sponsor.

A fireworks display permit shall be obtained for each display or other event involving the discharge or other use of fireworks. The sponsor of such display or other event shall retain a company holding a fireworks contractor certificate issued pursuant to this chapter to apply for and obtain the fireworks display permit and to conduct the fireworks display or other event.

5608.2.2 Fireworks display permit conditions.

A fireworks display permit shall be issued in the name of the sponsor of the display or other event and shall specify the date, time and location of the display or other event, the amount and types of fireworks to be discharged, and such other terms and conditions as the commissioner may prescribe as necessary or appropriate for the safe conduct of the display or other event.

5608.2.3 Permit applications.

Applications for a fireworks display permit shall be submitted to the department at least 30 calendar days prior to the requested date for the fireworks display permit. Applications shall be in the form specified by the department and shall be signed by the sponsor and the fireworks contractor conducting the fireworks display. The department shall review each application for a fireworks display permit and shall grant such application only if the commissioner is satisfied that the display or other event can be safely conducted. Permit applications shall contain the following information, and such other information and documentation as the commissioner may prescribe:

1. The name, address, telephone number and email address of the sponsor.

2. The name, address, telephone number and email address of the fireworks display contractor.

3. The date, rain date, time, and exact location proposed for the fireworks display and its approximate duration.

4. The number and size of the fireworks to be discharged or otherwise used or stored for use for the display or other event.

5. The written authorization of the sponsor of the display or other event.

6. The name of all persons personally supervising the discharge or other use of fireworks and the number of each person's certificate of fitness. There shall be not less than two such persons for any fireworks display.

7. The number, size, type, and approval number of the fireworks to be discharged. The approval number shall be the EX-number issued by the United States Department of Transportation.

8. For onshore displays, a dimensional diagram of the display site containing the following information:

8.1. The location where the fireworks are to be stored.

8.2. The discharge site.

8.3. The location of all buildings, structures, infrastructure, streets, piers, bridges, railways, parking lots, utility lines and bulk plants and terminals within 1,500 feet (457 200 mm) of the discharge site, and, as determined by the department, other protected exposures within such distance, the occupancy thereof, the use, and the distance from the outer perimeter of the discharge site to such buildings, structures, infrastructure, streets, piers, bridges, railways, parking lots, utility lines, bulk plants and terminals or other protected exposures.

8.4. The location of any trees and overhead obstructions within 1,000 feet (304 800 mm) of the discharge site, including the distance to such locations from the outer perimeter of the discharge site.

8.5. The viewing areas to which all observers will be restricted, including the distance to such locations from the outer perimeter of the discharge site.

9. For offshore displays, a dimensional diagram of the display site containing the following information:

9.1. The discharge site, by reference to the shorelines and nearby structures, indicating the distances thereto.

9.2. The layout of the barge, including the discharge site and the location of the control panel, all safety barriers and structures, and fireworks storage.

9.3. The location of all buildings, structures, infrastructure, streets, piers, bridges, railways, parking lots, utility lines and bulk plants and terminals within 1,500 feet (457 200 mm) of the discharge site, and, as determined by the department, other protected exposures within such distance, the use or occupancy thereof, and the distance from the outer perimeter of the discharge site to such buildings, structures, infrastructure, streets, piers, bridges, railways, parking lots, utility lines, bulk plants and terminals or other protected exposures.

9.4. All viewing areas at or near the shorelines, including the distance to such locations from the outer perimeter of the discharge site.

5608.2.4 Site inspection.

The department may conduct an inspection of the display site and its surroundings, including the command post, viewing areas, and protected exposures, prior to issuance of a permit and/or prior to the fireworks display. Representatives of the fireworks contractor and the sponsor shall attend any such site inspection and cooperate with the department in determining the suitability of the site for the proposed fireworks display, and appropriate separation distances and other safety measures. The fireworks contractor or the sponsor shall arrange for access by department representatives to the display site, command post and all other areas, for purposes of the site inspection and monitoring pre-display operations, post-display operations, and the fireworks display.

5608.2.5 Permit denial.

An application for a fireworks display permit shall be denied if the department determines that the display cannot be safely conducted. The department may take into consideration the time and place of the display or event for which a permit is sought, other scheduled events, and the ability of the department to effectively monitor such display or event, in determining whether to grant or deny such application. The department may also deny an application if it is incomplete or for lack of cooperation by the fireworks contractor or the sponsor.

5608.2.6 Permit conditions.

The fireworks display permit shall be issued to the sponsor. The permit shall specify the exact location of the display, the date and approximate time of commencement of the display, and such other conditions as the department may prescribe to ensure the safe conduct of the display. The fireworks display permit shall be deemed to incorporate the terms and conditions set forth on the fireworks display plan approved by the department, including the separation distances required by the department. Firework displays shall be scheduled to commence no later than 9:30 p.m. (2130 hours).

5608.2.7 Penalty for noncompliance.

The fireworks display shall be conducted in accordance with the fireworks display permit and the directions of department representatives. Failure to conduct a display in accordance with the terms of the permit or such directions may result in denial of future applications for such permits, suspension or revocation of the fireworks contractor certificate, suspension or revocation of the certificate of fitness, and such other penalties as may be provided by law, rule or regulation.

5608.3 Approved fireworks.

Fireworks displays shall be conducted using 1.3G, 1.4G, and 1.4S fireworks. The fireworks shall be arranged, located and discharged in a manner that will not endanger any person or damage any property.

5608.3.1 Shell size restrictions.

Aerial shells or other aerial fireworks shall not exceed 10 inches (254 mm) in diameter and salute shells shall not exceed 3 inches (76.2 mm) in diameter or length unless authorized by the fireworks display permit. Such authorization shall only be granted if the applicant can demonstrate to the satisfaction of the department special circumstances warranting the use of such oversize shell and that such shell can safely be discharged within the confines of the display site. No such request shall be considered on the day of the fireworks display.

5608.4 Clearance requirements.

Viewing areas, parking areas, and dwellings, buildings or structures shall not be located within the display site. The required distances shall be maintained from the display site to the viewing areas and all protected exposures, including the minimum secured radius as set forth in FC Tables 5608.4.1 and 5608.4.2, any additional distance necessary to accommodate the fallout area, as calculated by the fireworks contractor and approved by the department, and any protected exposures as set forth in FC 5608.4.3, or as determined by the department.

5608.4.1 Onshore displays.

For an onshore display, the display site shall be of a size sufficient to allow the applicable minimum secured radius set forth in FC Table 5608.4.1.

FC Table 5608.4.1 Onshore Displays

Size of Largest Mortar (inches)

Minimum Secured Radius (feet)

<3

300

4

400

5

500

6

600

7

700

8

800

10

1,000

12

1,200

5608.4.2 Offshore displays.

For an offshore display, the display site shall be of a size sufficient to allow the applicable minimum secured radius set forth in FC Table 5608.4.2.

FC Table 5608.4.2 Offshore Displays

Size of Largest Mortar (inches)

Minimum Secured Radius (feet)

Up to 10

1,000

12

1,200

5608.4.3 Protected exposure distance separation.

The minimum secured radius to the property line of any bulk plant or terminal, or facility for combustible, flammable, explosive, or toxic materials, or any institutional occupancy, shall be twice the distance specified in FC Table 5608.4.1 or 5608.4.2, as applicable, but in no case less than 1,000 feet (304 800 mm). The commissioner may prescribe a clearance requirement for any other protected exposure.

5608.5 Incidental storage of fireworks at display site.

The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123. Only fireworks to be used for the permitted display may be stored at the display site.

5608.5.1 Delivery and unloading.

Fireworks may be delivered and stored at the display site not earlier than 12 hours before the permitted display, unless otherwise authorized by the department. Fireworks may not be unloaded from the delivery vehicle except in the presence of a department representative.

5608.5.2 Supervision.

Fireworks shall not be left unattended at the display site, but shall be under the personal supervision of a certificate of fitness holder for fireworks display.

5608.5.3 Weather protection.

Fireworks shall be stored in weatherproof containers, under a waterproof cover or otherwise kept dry at the display site, prior to the fireworks display.

5608.5.4 Inspection.

Shells and other fireworks shall be inspected by the certificate of fitness holder for fireworks display at the display site.

5608.5.5. Reserved.

5608.5.6 Ready boxes.

Any shells and other fireworks that are not to be used during a fireworks display, including fireworks that are defective or damaged, shall be temporarily stored during the fireworks display in ready boxes placed in a delivery vehicle located upwind and at least 25 feet (7620 mm) from the mortar placement.

5608.6 Discharge of fireworks.

Fireworks displays and any other discharge or use of fireworks shall be conducted outdoors, except that fireworks, 1.4G, may be discharged indoors in connection with the conduct of a special effect for which a special effects permit has been issued pursuant to FC 5609.

5608.6.1 Mortar construction and size.

Mortars shall be constructed of steel or high-density polyethylene. The size of the mortar shall be sufficient to safely discharge the shells placed in it.

5608.6.2 Mortar placement.

Mortars shall be positioned and discharged as follows:

1. Mortars shall not be set up during night hours (between sunset and sunrise).

2. Mortars shall be of sufficient strength and shall be arranged and positioned so that the shells may be safely discharged.

3. Mortars shall be placed in as near a vertical position as possible. Mortars and other devices used to discharge fireworks shall be installed in accordance with NFPA 1123 and shall be positioned such that the shells are projected in a direction that ensures that they combust, deflagrate or detonate above the fallout area and all unexploded fireworks fall into the fallout area. Under no circumstances shall mortars be angled toward the viewing area.

4. Mortars shall be of sufficient length to cause aerial shells to be projected to safe heights.

5. Mortars more than six inches (152 mm) but not more than 10 inches (254 mm) in diameter shall be placed in sand-filled steel drums or heavy plastic drums not less than 32 gallons (121 L) in capacity, or metal racks approved by the department. Wood racks or wood troughs, filled with sand, may also be used for mortars six inches (152 mm) or less in diameter.

6. Except for mortars placed in wood racks, mortars shall be buried to a depth of between two-thirds to three-quarters of their length.

7. Except for mortars placed in wood racks and as may otherwise be provided in this section, mortars shall be separated from adjacent mortars by a distance of at least 2 inches (51 mm) or the diameter of the larger mortar, whichever is greater.

8. Except as otherwise provided in this section, there shall be a separation distance of at least 2 inches (51 mm) or one-half of the diameter of the mortar, whichever is greater, between the mortar and the wall of the drum or trough.

9. Prior to placement, mortars shall be inspected for defects, such as dents, bent ends, damaged interiors and damaged plugs. Defective mortars shall not be used. Any scale found on the inside surface of the mortars shall be removed prior to placement.

10. Wood racks. Wood racks, which may be used in conjunction with firework displays only for mortars six inches (152 mm) or less in diameter, shall be designed and operated as follows:

10.1. Wood racks shall be of sufficient strength to prevent adjacent mortars from being repositioned in the event that a shell detonates in a mortar, causing the mortar to burst.

10.2. The use of wood racks shall be limited to single break shells not exceeding 6 inches (152 mm) in diameter.

10.3. Mortars placed in wood racks shall not be reloaded during the display.

5608.6.3 Mortar loading.

Mortars shall be loaded as follows:

1. Mortars shall be loaded during daylight hours (between sunrise and sunset). Mortars shall not be loaded during night hours (between sunset and sunrise).

2. All unloading of fireworks from the delivery vehicle and loading and fusing of the fireworks shall be conducted under the supervision of a certificate of fitness holder in the presence of a department representative.

3. All shells shall be inspected by a certificate of fitness holder for fireworks display immediately prior to placement. Any shells that are torn, leaking, show signs of having been wet or have broken fuses shall not be used.

4. When loading into mortars, shells shall be held by their lowering cords (if provided) or their fuses (if no lowering cord is provided).

5. Shells shall be lowered carefully into the mortar, such that they are properly seated in, and flush with, the bottom of the mortar. Shells shall never be forced into a mortar.

6. No person shall place any part of his or her body over the mortar during its loading.

5608.6.4 Control panel for firework displays.

Control panels used to conduct firework displays shall be designed, installed and operated as follows:

1. The control panel and all related equipment, including any junction boxes, shall be located within the display site, at least 50 feet (15 240 mm) from the discharge site, with a clear line of sight to the discharge site.

2. A protective barrier capable of withstanding the impact of falling debris or a misfired shell and made of or covered with a fire-retardant material shall be provided between the control panel and the discharge site and above the control panel. Such protective barrier shall be of sufficient size to protect the control panel and all persons who will be positioned at the control panel during the fireworks display, including at least one department representative.

3. The control panel shall be provided with a double safety switch to prevent premature activation of current to the shells, such as combination of keys or single throw switches connected in series, both of which must be activated for current to flow.

4. Each switch on the control panel, including testing and firing controls, shall be clearly marked to indicate its function. The control panel shall be equipped with an indicator, such as a light, a sound device, or both, to indicate when the control panel is armed for firing.

5. If the control panel has a built-in test circuit, the unit shall be designed to limit the test current to 0.05 ampere or to 20 percent of the no-fire current of the electric match being used, whichever is less.

6. Multi-testers, such as volt-ohm meters, shall not be used for testing electric matches unless the tester's maximum current delivery potential has been measured to be not more than 0.05 ampere or 20 percent of the no-fire current of the electric match being used, whichever is less.

7. Control panels shall be powered by batteries or isolated power supplies used for firing purposes only. If batteries are used, they shall be self-contained in the firing unit or otherwise covered or protected to prevent accidental contact with wires leading to the fireworks. Control panels powered by commercial power may be used, provided that an isolation transformer is used. The transformer shall be located within the firing unit or elsewhere in the firing system.

5608.6.5 Ground display pieces.

Ground display pieces shall be positioned and discharged in compliance with the following requirements:

1. Combustible materials located beneath ground display pieces shall be wet down before the display. Vegetation within 50 feet (15 240 mm) shall be removed as set forth in FC 304.1.2.

2. Poles for ground display pieces shall be securely placed and braced so that they maintain the proper position when fireworks are displayed.

5608.6.6 Fireworks discharge.

The discharge of fireworks shall be conducted in compliance with the following requirements:

1. All persons conducting the fireworks display shall wear clothing and protective gear in compliance with the requirements of the regulations of the United States Department of Labor, as set forth in 29 CFR Part 1910.

2. Communication shall be maintained at all times between the certificate of fitness holders for fireworks display and the command post.

3. No fireworks shall be discharged if any person is at an unsafe distance from the point of discharge. The certificate of fitness holders for firework displays shall ensure that all persons have moved a safe distance away from such mortar or ground display piece before firing it.

4. No more than one hundred shells may be ignited by a single fuse.

5. Control panel operation.

5.1. The control panel and all cables, junctions, and attached electric matches shall be visually inspected immediately prior to the display. The control panel shall not be in "test" status or "arm" status during this inspection.

5.2. Mortars shall be connected to the control panel and the circuit tested only after all the shells have been loaded into the mortars and all electric matches are connected to the fuses. Ground display pieces shall be connected to the control panel and the circuit tested only after the fireworks have been loaded onto the display.

5.3. No person shall be in the discharge site when any circuit testing is performed.

5.4. If the testing of the circuits indicates a problem, the certificate of fitness holder for fireworks display shall reinspect any cables, connections, or electric matches and correct the problem. This reinspection shall be performed only after the control panel has been switched off or disconnected from the power source.

5.5. Only such fireworks contractor personnel as are necessary for the proper and safe operation of the display and department representatives shall be allowed at the control panel when fireworks are being discharged.

5.6. No person shall be in the discharge site when fireworks are being discharged. The certificate of fitness holder conducting an electrically-fired display shall personally visually check the discharge site prior to commencing a display to ensure that the area is clear of all persons, and shall not commence the display, or shall discontinue it, at any time persons are observed within such area.

5.7. The control panel shall be switched off and all cables disconnected after the conclusion of the display, prior to any cleanup or other work in the discharge site.

5608.6.7 Offshore displays.

Offshore firework displays shall be conducted in compliance with the following requirements:

1. Offshore firework displays shall be conducted in accordance with the requirements of this chapter except as they may be inconsistent with this section.

2. Offshore firework displays shall be conducted from a barge maintained at a fixed position, as designated on the firework display permit. No fireworks shall be discharged from any tugboat or other vessel or platform.

3. Only fireworks to be discharged during the display shall be allowed on the fireworks barges. Storage of excess fireworks on the barges is prohibited.

4. Fireworks to be used in an offshore fireworks display shall be installed, loaded and fused on a barge moored at a lawful and safe location approved by the department in New York City, or, when authorized by the department, outside of New York City, and in the presence of department representatives. No installation, loading or fusing shall be conducted on the barge after the barge departs from its mooring. Department representatives shall accompany the barge from its mooring to the display site.

5. The fireworks display barge shall be towed into position by a tugboat authorized to operate in New York City. The tugboat shall be under power at all times during the display, so that all necessary maneuvering of the barge can be effected. The tugboat shall be equipped with an instrument to measure the distance to the shore to enable the tugboat to ascertain and maintain its position.

6.

Barge design and construction. Barges used in conjunction with firework displays shall be designed, constructed and maintained in compliance with the following requirements:

6.1. Only steel barges acceptable to the United States Coast Guard shall be used as fireworks display barges.

6.2. Fireworks display barges shall bear durable signs on both sides reading "Fireworks – Stay Clear". The lettering shall be at least 18 inches (457 mm) high in red on a white background.

6.3. The control panel shall be located on the fireworks display barge.

6.4. Fireworks display barges shall be provided with suitable barriers constructed and arranged so as to protect the control panel, persons at the control panel, and the tugboat from misfired shells, fireworks and falling debris.

6.5. Railings shall be provided around the control panel area to prevent persons from falling overboard.

7. All personnel on board the fireworks barge or tugboat shall wear United States Coast Guard approved flotation devices.

8. Department representatives shall be present on the fireworks barge and the tugboat at all times during a fireworks display.

9.

Conduct of the display. Offshore firework displays shall be conducted in compliance with the following requirements:

9.1. All fireworks shall be discharged and directed in such a manner that any falling debris, sparks or embers will not land upon the shore, or a wharf, pier, bulkhead or other structure.

9.2. Reloading of mortars during the display is prohibited.

9.3. Communication shall be maintained at all times between the certificate of fitness holders for fireworks display conducting the display, the tugboat pilot and the command post.

9.4. One certificate of fitness holder for fireworks display shall be responsible for monitoring the position of the barge and the trajectory of the fireworks and the fireworks debris, and communicating to department representatives any change in wind direction or other condition requiring repositioning of the barge or other safety measure. Such certificate of fitness holder shall have no other duties during the display.

5608.7 Handling.

Aerial shells shall be carried to mortars by the shell body. Shells shall never be held by their fuses except when they are being loaded into mortars. For the purpose of loading mortars, aerial shells shall be held by the thick portion of the fuse and carefully loaded into mortars.

5608.8 Supervision and department monitoring.

Fireworks displays shall be conducted by a company holding a fireworks contractor certificate, and under the personal supervision of two certificate of fitness holders for firework displays as set forth in FC 5601.5.2, and shall be subject to monitoring by the department as set forth in this section.

5608.8.1 Department monitoring.

The commissioner may require department personnel and equipment to monitor the delivery, unloading, loading, and discharge of fireworks, and post-display site safety measures upon a determination that the presence of such monitoring is in the interest of public safety.

5608.8.1.1 Loading and unloading.

Fireworks displays, including all unloading of transport vehicles, loading and fusing of mortars and ground display pieces, and discharging of fireworks, shall be conducted in the presence of one or more representatives of the department.

5608.8.1.2 On scene directions.

The fireworks contractor's personnel, the certificate of fitness holders conducting the display, and all other persons at the display site shall comply with the directions of department representatives, including any requirement different from or in addition to those set forth in the fireworks display permit, when, in the judgment of the department representative, such different or additional requirement is necessitated by a change in site or weather conditions or is otherwise necessary to ensure the safe conduct of the display.

5608.8.1.3 Delays and cancellations.

No fireworks display shall commence until approval has been given by the department representatives on the scene. Department representatives may delay commencement of the display, or suspend or cancel the display, upon a determination that such action is in the interest of public safety, by reason of weather or other site conditions, the use of unapproved equipment or shells, the improper installation or unsafe operation of the display, the presence of any unauthorized person within the discharge site, the failure of any person to comply with the directions of the department representatives, or other good cause. In no case shall a display commence or continue when wind velocity exceeds 30 miles per hour (48.28 km per hour) as determined by the department.

5608.8.1.4 Command post.

The representative of the fireworks contractor overseeing the conduct of the display shall provide a command post from which the fireworks display may be monitored by department representatives and a representative of the fireworks contractor responsible for the conduct of the display. Such command post shall be located onshore, in an area acceptable to the department that is outside of the discharge site, display site and viewing areas, and that has an unobstructed line of sight to such areas.

5608.8.1.5 Communication.

The representatives of the fireworks contractor overseeing the conduct of the display shall be present at the command post prior to the scheduled time of the fireworks discharge, and shall be in radio or telephone contact with the certificate of fitness holders conducting the display, the spotter, and for offshore displays, the tugboat pilot. Such representative shall relay to such personnel or pilot any directions of department representatives concerning the fireworks display, including authorization to commence the display. No fireworks display shall be authorized to commence until such representative is present at the command post.

5608.8.2 Spotter.

At least one fireworks contractor employee shall be designated as the spotter, whose sole responsibility during the display shall be to watch the flight and behavior of the shells and to notify department representatives of any dangerous conditions occurring during the display, such as hazardous debris falling into the audience. The spotter shall be in direct radio or telephone communication with the command post.

5608.8.3 Discharge height.

The maximum height of discharge shall be determined by the United States Federal Aviation Administration for each display. In no case shall any shell break at a height greater than 1,200 feet (365 760 mm) above sea level.

5608.9 Post-display site safety measures.

Immediately upon conclusion of the fireworks display, the certificate of fitness holders shall conduct an inspection of the display site, including each mortar or other device used to discharge fireworks, for the purpose of locating unexploded fireworks. This inspection shall be conducted before public access to the site is permitted. Certificate of fitness holders conducting a nighttime display shall conduct a daylight search of the display site at the next sunrise. The certificate of fitness holder shall keep a record of all aerial shells that fail to fire.

5608.9.1 Post-display inspection affidavit.

The certificate of fitness holders conducting any fireworks display shall, within 24 hours of the completion of the display, submit to the department a notarized post-display affidavit attesting to the fact that the area was found to be free and clear of any fireworks or other explosive materials or devices.

5608.10 Disposal.

Any fireworks found during the inspection required in FC 5608.9 shall not be handled until at least 15 minutes have elapsed from the time the fireworks were fired. The fireworks shall then be doused with water and allowed to remain for at least 5 additional minutes before being placed in a plastic bucket or fiberboard box and disposed of lawfully in accordance with the manufacturer's instructions or the directions of the department.

5608.11 Reserved.

5608.12 Fees.

Fees for firework displays shall be as set forth in FC Appendix A.

1. The department shall bill the fireworks contractor for the time spent by department representatives inspecting or monitoring the fireworks display, including the unloading, installation, loading and discharge of the fireworks, post-display site safety measures, and any travel time and expenses associated with such inspection and monitoring at a mooring outside of New York City.

2. The department shall bill the sponsor after a fireworks display for the assignment of any department firefighting apparatus.