Offshore firework displays shall be conducted in compliance with the following requirements:
- Offshore firework displays shall be conducted in accordance with the requirements of this chapter except as they may be inconsistent with this section.
- 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.
- Only fireworks to be discharged during the display shall be allowed on the fireworks barges. Storage of excess fireworks on the barges is prohibited.
- Fireworks to be used in an offshore fireworks display shall be installed, loaded and fused in the presence of department representatives while the barge is moored at a lawful and safe location in New York City acceptable to the department. The department may authorize such installation, loading and fusing at a mooring outside of New York City at a location acceptable to the department. 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.
- 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.
- Barge design and construction. Barges used in conjunction with firework displays shall be designed, constructed and maintained in compliance with the following requirements:
- Only steel barges acceptable to the United States Coast Guard shall be used as fireworks display barges.
- 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.
- The control panel shall be located on the fireworks display barge.
- 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.
- Railings shall be provided around the control panel area to prevent persons from falling overboard.
- All personnel on board the fireworks barge or tugboat shall wear United States Coast Guard approved flotation devices.
- Department representatives shall be present on the fireworks barge and the tugboat at all times during a fireworks display.
- Conduct of the display. Offshore firework displays shall be conducted in compliance with the following requirements:
- 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.
- Reloading of mortars during the display is prohibited.
- 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.
- 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.