N.Y.C. Admin. Code § FC 5609: Section FC 5609: Special Effects

5609.1 Scope.

The storage, handling and discharge or other use of any material, article or device of an explosive, flammable, combustible or otherwise dangerous nature used to create a special effect, including any pyrotechnic material, article or device, fireworks, 1.4G, and open flames, shall be in accordance with this section, the rules and NFPA 1126.

5609.2 Prohibited conduct.

It shall be unlawful to:

1. Store, handle, discharge or otherwise use any material, article or device of an explosive, flammable, combustible, or otherwise dangerous nature used to create a special effect, without a special effects permit issued pursuant to this section.

2. Conduct a special effect indoors or other enclosed structure if the materials, articles or devices used to create such special effects contain or use antimony, arsenic, cadmium, chromium, lead, mercury, naphthalene, nickel, selenium, or zinc, in amounts greater than trace quantities.

5609.3 General requirements.

Materials used to create a special effect shall be stored, handled and used in accordance with FC 5609.3.1 through 5609.3.7.

5609.3.1 Use of minimum amount necessary.

The quantity of material, article, or device used in a special effect shall be no greater than necessary to produce the desired special effect.

5609.3.2 Demonstration.

The department may require a demonstration of the materials, articles or devices used to create a special effect.

5609.3.3 Monitoring.

The department may require department personnel and apparatus to monitor the preparation and conduct of a special effect upon a determination that such monitoring is in the interest of public safety.

5609.3.4 Limitation on quantity stored.

The department may prescribe the maximum quantity of special effects material, article or device allowed to be stored in any approved storage facility. The location and design of the storage facility shall be approved by the department.

5609.3.5 Temporary storage.

For temporary storage, special effects materials, articles or devices shall remain in their approved containers until required for use.

5609.3.6 Prompt use.

The time between removal from storage and use shall be the shortest time practicable.

5609.3.7 Access to storage facility.

Pyrotechnic materials, articles or devices shall not be left unattended, except in a secured storage facility. Unauthorized access to the storage facilities shall be prevented either through the means of a locking mechanism or through continuous supervision.

5609.4 Special effects permit.

A special effects permit shall be obtained for each display or other event involving the conduct of a special effect by the sponsor of the display or other event or, with the sponsor's written authorization, by a pyrotechnic operator employed by a special effects contractor holding a company certificate. A special effects permit shall be issued in the name of the applicant and shall specify the name of the sponsor, the date, time and location of the display or other event, the number and kind of pyrotechnic articles or devices to be discharged or otherwise used, or other materials, articles or devices used to create the special effects, 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.

5609.4.1 Site inspection.

The department may conduct an inspection of the special effects display site and its surroundings, prior to issuance of a permit and/or prior to the special effects operation. Representatives of the applicant shall attend any such site inspection and cooperate with the department in determining the suitability of the site for the proposed special effects operation, and, if suitable, appropriate separation distances and other safety measures. The applicant shall arrange for access by department representatives to the display site, for purposes of the site inspection and during the special effects operation.

5609.4.2 Permit applications.

Application for a special effects permit shall be made at least seven (7) days prior to the proposed special effects display. The department shall review each application for a special effects permit and shall grant such application only if the department is satisfied that the display or other event can be safely conducted. Permit applications shall contain a special effects display plan, including the following information and such other information and documentation as the department may prescribe:

1. The name of the person, group, or organization responsible for the special effects display.

2. The date, time and exact location of the display or other event.

3. The written authorizations of the sponsor of the display or other event, and of the owner of the premises.

4. A description of the special effects to be created.

5. The amount and types of the pyrotechnic material, articles or devices to be discharged or otherwise used or stored for use, or other materials, articles or devices to be used or stored for use in creating the special effects.

6. The name of all persons personally supervising the temporary storage, handling and discharge or other use of the materials, articles or devices used to conduct the special effects and their certificate of fitness numbers.

7. The names, ages and duties of all assistants who will be present in connection with the special effects.

8. A dimensional diagram of the area where special effects are to be conducted that includes the following information:

8.1. The location at which the materials, articles or devices used for the special effects are to be discharged or otherwise used and stored for use.

8.2. Location of audiences, performers and support personnel in relation to the special effects, and the duties of the performers and support personnel in connection with the special effects.

8.3. If using pyrotechnic article or device, the fallout radius for each article or device.

8.4. If the special effects are displayed in front of an audience or bystanders, the lines behind which the audience or bystanders shall be restrained.

8.5. Such other information as the commissioner may prescribe relating to the safe conduct of the display or other event.

9. The manner, place, and quantity of storage for the materials, articles or devices to be used in creating the special effects.

10. Certification by an appropriate holder of a certificate of fitness that the set, scenery, curtains, and rigging materials are inherently flame-retardant or have been treated to achieve flame resistance.

5609.4.3 Applicant responsibility.

The applicant for a special effects permit shall be responsible for the safe conduct of the display or other event including:

1. Arranging for the preparation and submission of the special effects display plan, and obtaining the special effects permit.

2. Obtaining any necessary permit or authorization, including any permit or authorization required by the United States Coast Guard, the 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 applicable laws, rules and regulations, including the federal, state and local laws, rules and regulations governing the transportation of explosives and other hazardous materials, and the permit, labeling and fire protection requirements thereof.

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

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

6. Ensuring compliance with the directions of department representatives.

7. Obtaining a liability and casualty insurance policy as set forth in FC 5601.2.4(4).

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

5609.5 Supervision.

Special effects, including the storage, handling and use of pyrotechnic and other special effects materials, articles and devices, shall be supervised as set forth in FC 5601.5.

5609.6 Fire protection requirements.

Fire protection shall be provided in connection with special effects as set forth in FC 5609.6.1 through 5609.6.3.

5609.6.1 Portable fire extinguishers.

At least two portable fire extinguishers of the proper classification and size applicable to the hazard associated, shall be readily accessible while the special effects materials, articles or devices are being handled.

5609.6.2 Out of service.

Fire protection devices, equipment or systems shall not be placed out of service for a special effects display without department approval. When the conduct of a special effects display requires that a fire protection device, equipment or system be placed out of service to avoid a false alarm:

1. The fire alarm system, emergency alarm system or other fire protection system shall not be placed out of service except upon a written application to the department and department approval conditioned on alternative fire safety measures. Where it is anticipated that special effects displays will require any fire protection system to be placed out of service for an entire floor, or any fire protection device, equipment or system to be placed out of service on a regular basis, the owner shall file an application with the department to modify the fire protection system to minimize the number of system components that would need to be placed out of service to avoid false alarms caused by the special effects display.

2. Individual initiating devices, such as smoke or heat detectors, not to exceed 1,000 square feet of coverage, may be placed out of service on a limited basis when authorized by the special effects permit. The out-of-service procedures, as set forth in FC Chapter 9, shall be observed. The impairment coordinator shall ensure that such devices are returned to normal operating condition upon completion of the special effects display or as soon as the likelihood of a false alarm has passed.

5609.6.3 Obscuring egress.

Special effects shall not generate a quantity of smoke or mist, including dry ice or chemical fogs, that would obscure the visibility of exit signs or paths of egress travel.

5609.7 Product information.

The department may require the applicant to submit the following information regarding the materials, articles and devices to be used in connection with any special effects:

1. The name, address, and phone number of the manufacturer.

2. The name of the product and a description of its effect or use.

3. The performance characteristics, such as duration, height, and diameter of the special effects created.

4. A safety data sheet for the special effect materials.

5. If a pyrotechnic article or device is used, whether the article or device is intended for indoor use and whether it is to be used with any cautions or special considerations and instructions for the proper method of placing, loading, and using the device.

5609.8 Pyrotechnic material storage.

The storage of pyrotechnic material, articles and devices shall be as set forth in FC 5609.3, 5609.8.1 and 5609.8.2.

5609.8.1 Compliance with federal regulations.

All pyrotechnic materials, articles or devices shall be stored in accordance with regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice, as set forth in 27 CFR Part 555, Subpart K.

5609.8.2 Ignition sources.

Pyrotechnic materials, articles or devices shall not be stored within 50 feet (152 400 mm) of any unprotected source of heat or open flame.

5609.9 Pyrotechnic material separation distances.

If a pyrotechnic material, article or device is used to create a special effect before an audience or bystanders, the distance to the audience or bystanders shall be as set forth in FC 5609.9.1 through 5609.9.3.

5609.9.1 Fallout radius separation.

Each pyrotechnic material, article or device discharged or otherwise used to create a special effect shall be separated from any audience or bystanders by not less than twice the fallout radius of the device or 15 feet (4572 mm), whichever is greater.

5609.9.2 Concussion mortar separation.

Concussion mortars shall be separated from the audience and bystanders by a minimum of 25 feet (7620 mm).

5609.9.3 Flaming particle separation.

There shall be no glowing or flaming particles within 15 feet (4572 mm) of the audience or bystanders.

5609.10 Special effects safety precautions.

Pre-firing safety precautions for pyrotechnic materials used to create a special effect shall be in accordance with FC 5609.10.1 through 5609.10.9.

5609.10.1 Mounting.

Special effects materials, articles or devices shall be mounted in a secure manner to ensure that when they are discharged or otherwise used they maintain the proper position in accordance with the approved permit application.

5609.10.2 Performer protection.

Where a special effects material, article or device is placed on or in contact with a performer's body, appropriate shielding or other form of protection adequate to prevent any injury to the performer shall be provided. This protection shall be sufficient to protect against the normal functioning of the special effects material, article or device, as well as any possible malfunction.

5609.10.3 Security.

The area where the special effects is to occur shall be secured from entry by unauthorized personal once the special effects material, article or device has been placed in position.

5609.10.4 Communication.

Special effects materials, articles or devices shall be discharged or otherwise used only when the area wherein the effect is to occur is in clear view of the certificate of fitness holder for such special effects or in the clear view of a trained and knowledgeable assistant who is in direct communication with such certificate of fitness holder. Such communication may be accomplished through the use of lights or other nonverbal signals.

5609.10.5 Container condition.

The certificate of fitness holder shall inspect the containers in which special effects materials, articles or devices have been shipped. Damaged special effects materials, articles or devices shall not be used and shall be promptly removed from the premises and disposed of lawfully.

5609.10.6 Protective clothing and equipment.

All persons handling and using special effects materials, articles or devices shall wear protective clothing and gear appropriate to the hazard in accordance with the regulations of the United States Department of Labor.

5609.10.7 Final inspection.

Immediately before any special effect, the certificate of fitness holder shall conduct a final inspection of all components of the special effects, including wiring, electrical connections and special effects materials, articles or devices, to ensure that they are in proper working order and to verify that all required safety distances are maintained.

5609.10.8 Wiring placement.

Special effects materials, articles or devices shall be placed and wired in a manner designed to minimize the risk of performers and others.

5609.10.9 Disposal of unused special effects material.

All special effects materials, articles and devices not needed for the conduct of the special effects shall be promptly returned to the storage facility prior to the conduct of the special effects. All unused special effects materials articles or devices shall be promptly returned to the storage facility after the special effects display.

5609.11 Pyrotechnic safety precautions.

Any special effects using a pyrotechnic special effects material, article or device shall be conducted in accordance with FC 5609.10, and 5609.11.1 through 5609.11.7.

5609.11.1 Projectile restrictions.

No pyrotechnic material, article or device shall be discharged in a manner that projects an article or device or debris therefrom above the audience or bystanders or causes damage to the premises.

5609.11.2 Mortar construction.

Mortars and flash pots shall be constructed so that they are not damaged by the discharge or other use of the pyrotechnic material, article or device. Damaged mortars and flash pots shall not be used. Converted electrical switch boxes, lamp sockets, lamp holders, plug fuses, or other similar thin-walled, brittle devices shall not be used for concussion mortars or flash pots.

5609.11.3 Flare placement.

Flares shall be placed so that any debris falls into a safe, flame-resistant area.

5609.11.4 Securing of rotating devices.

Rotating pyrotechnic materials, articles or devices, such as wheels and saxons, shall be mounted securely so that their rotation does not cause the holder to fail.

5609.11.5 Securing of rockets.

Where rockets are launched before a proximate 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.

5609.11.6 Security.

Firing systems shall not be left unattended while connected to loaded pyrotechnic materials, articles or devices, unless such systems are disconnected from their power source and have a removable activator, keyswitch, or coded arming system.

5609.11.7 Firing safeguards.

Pyrotechnic materials, articles or devices shall be discharged only from equipment specifically constructed for that purpose. All firing systems shall be designed to ensure against accidental discharge by providing at least a two-step interlock in which the firing circuit cannot be activated unless the operator intentionally enables or arms the firing system and deliberately activates the circuit.

5609.12 Special effects post-discharge safety measures.

Safety measures shall be implemented after the discharge of special effects as set forth in FC 5609.12.1 and 5609.12.2.

5609.12.1 Post-discharge inspection.

At the earliest opportunity after the discharge of special effects, the certificate of fitness holder shall verify that the pyrotechnic materials, articles or devices have discharged, consumed or otherwise operated properly. Any special effects materials, articles or devices that have not operated properly shall either be immediately discharged or otherwise used in place, or immediately removed from the performance area and disposed of lawfully.

5609.12.2 Final inspection.

The certificate of fitness holder shall ensure that all special effects materials, articles and devices are removed from the premises after the performance in which the special effects was conducted.

5609.13 Open flames.

Where approved, open flames may be used in connection with theatrical performances when adequate safety precautions have been taken in accordance with NFPA 160.

5609.14 Storage of other special effects materials.

A material, article or device of an explosive, flammable, combustible, or otherwise dangerous nature used to create special effects shall be stored in compliance with the storage requirements for the particular material, article or device as prescribed in this code, the rules and other applicable laws, rules and regulations.

5609.15 Storage of special effects materials in television studios and other production facilities.

The storage in television studios and other production facilities of special effects materials, articles and devices, including pyrotechnic materials, articles and devices, shall be in accordance with the rules.